Arizona Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

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US-OL10043BA
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This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.

When it comes to dealing with asbestos in Arizona, landlords have specific obligations regarding remediation during initial alterations. Understanding the Arizona Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alterations is crucial for both tenants and landlords to ensure safety and compliance with the law. The Arizona Revised Statutes require landlords to be aware of any asbestos-containing materials (ACMs) present in their properties. Asbestos, a naturally occurring mineral once commonly used in construction, poses severe health risks when its fibers are released into the air and inhaled. To protect tenants and workers from potential exposure, the Arizona Clause Dealing with Asbestos mandates certain actions. Landlords are obligated to thoroughly inspect their properties for ACMs prior to any initial alterations or renovations. These initial alterations refer to any construction or modification activities that may disturb or release asbestos fibers, such as removing walls, ceilings, or flooring. The inspection must be conducted by an accredited asbestos inspector or a certified industrial hygienist. If the inspection identifies the presence of ACMs, the landlord must engage a qualified asbestos contractor to perform the necessary remediation and abatement work. The contractor must be licensed and certified in accordance with Arizona state regulations. They will develop a detailed plan outlining how the asbestos will be safely removed or enclosed to prevent fiber release. The landlord must provide written notice to the tenant before initiating any activities that may disturb ACMs. This notice should specify the nature of the project, the potential risks associated with asbestos exposure, and the safety measures in place to protect the tenant. It is crucial to allow tenants sufficient time to make informed decisions and take any necessary precautions. There are different types of Arizona Clauses Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alterations. These may vary based on the specific jurisdiction or building codes. Some examples include: 1. Arizona Residential Landlord and Tenant Act (ALTA): This act governs the relationship between landlords and tenants in residential properties, including obligations regarding asbestos remediation during alterations. 2. Arizona Department of Environmental Quality (ADEN): ADEN regulations provide guidelines for landlords on conducting asbestos inspections, hiring certified contractors, and carrying out necessary remediation work during initial alterations. 3. Arizona Administrative Code (AAC): The AAC includes specific rules and requirements that landlords must follow when dealing with asbestos in their properties, particularly during initial alterations. 4. City-Specific Regulations: Some cities in Arizona may have additional clauses or ordinances that address the landlord's responsibility for asbestos remediation. It is essential to consult local regulations for a comprehensive understanding. Compliance with the Arizona Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alterations is not only a legal requirement but also crucial for protecting the health and well-being of tenants. Landlords should familiarize themselves with these regulations and ensure proper asbestos management to create a safe living environment for their tenants.

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Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period.

People may be exposed to asbestos in their workplace, their communities, or their homes. If products containing asbestos are disturbed, tiny asbestos fibers are released into the air. When asbestos fibers are breathed in, they may get trapped in the lungs and remain there for a long time.

One-time exposure to asbestos can cause diseases, including mesothelioma cancer. Researchers have found repeated exposure to asbestos increases the risk of developing asbestos-related cancers. The risk to individuals who have a one-time exposure to asbestos is generally lower compared to long-term or repeated exposure.

Sweeping; dusting, and other normal building activities can result in reentrainment of fallen asbestos fibers. Reentrainment can result in fiber release that may vary from low to high airborne concentrations.

EPA proposed to prohibit manufacture (including import), processing, distribution in commerce and commercial use of chrysotile asbestos for chrysotile asbestos diaphragms for use in the chlor-alkali industry and chrysotile asbestos-containing sheet gaskets used in chemical production, effective two years after the ...

Engineering controls include such things as isolating the source and using ventilation systems. Administrative actions include limiting the workers exposure time and providing showers. Personal protective equipment include wearing the proper respiratory protection and clothing.

The air pathway (inhalation of contaminated air) is the most important route of exposure to asbestos and the route that most commonly leads to illness. Ingestion is a less common exposure pathway, but exposure can occur after swallowing of material cleared from the lungs.

Maintenance workers who sweep up and dispose of the asbestos dust or handle damaged asbestos-containing materials are often exposed to higher levels than other people in these buildings.

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Arizona Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations