Number
031736
Version
SUBSTITUTE 1
Reference
Sponsor
ALD. DONOVAN
Title
Substitute ordinance relating to technical changes to the city's asbestos removal regulations.
Sections
66-10-3 am
66-10-4-0 am
66-12-5-f rc
66-12-5-g-1-d am
66-12-9-b am
66-12-9-m cr
66-12-12-10 rc
Analysis
In order to comply with current regulations and guidelines established by the federal occupational safety and health administration, environmental protection agency, and the Wisconsin department of natural resources, this ordinance makes technical changes to update and revise the city's asbestos removal regulations.
Body
The Mayor and Common Council of the City of Milwaukee do ordain as follows:
Part 1.Section 66-10-3 and 4-0 of the code is amended to read:
66-10. Definitions.
3. ASBESTOS CONTAINING MATERIAL means any material that contains [[1% or greater]] >>greater than 1%<< asbestos by weight, volume or other analytical method acceptable to the commissioner.
4. ASBESTOS PROJECT means any form of work performed in connection with the alteration, renovation, modification or demolition of a [[building or structure]] >>building, structure or equipment as defined in 200-08 or contaminated soil<< which will disturb asbestos containing material in the following amounts:
Part 2.Section 66-12-5-f of the code is repealed and recreated to read:
66-12. Asbestos Hazard Control.
5. ASBESTOS PROJECT PERMIT AND PLAN REQUIRED.
f. An applicant applying for a permit under s. 200-24 for the following purposes shall not be required to obtain an asbestos permit:
f-1. New building construction, including electrical and plumbing work.
f-2. Any work involving a one or two family residential garage.
f-3. Work affecting one or 2-family buildings, except where boiler repair or replacement is involved and amounts listed in s. 66-10-4 are exceeded.
f-4. Category I (NESHAP) resilient asphalt roofing and siding products containing more than 1% asbestos by weight removed in a non-friable manner.
Part 4. Section 66-12-5-g-1-d of the code is amended to read:
g-1-d. Asbestos certification and training accreditation regulations, health and [[social]] >>family<< services ch. [[HSS]] >>HFS<< 159, Wis. Adm. Code, as amended.
Part 5. Section 66-12-9-b of the code is amended to read:
9. ASBESTOS HAZARD VIOLATIONS.
b. Failure to maintain continuous negative pressure in the asbestos abatement area, relative to the area immediately outside the critical barriers or containment walls, from the onset of abatement until final air clearance results of less than 0.01 fibers per cubic centimeter by phases contrast microscopy or 70 structures per square millimeter by transmission electron microscopy have been received. Deviations from these requirements such as negative air glove bag removal, shall be clearly stated in the project plans. Where, due to ambient conditions, clearance results below 0.01 fibers per cubic centimeter cannot be obtained, the department shall be notified of such circumstances and the department shall determine whether or not further testing will be required. >>Air clearance test results must be submitted to the department within 10 working days of completion of the project.<<
Part 6. Section 66-12-9-m of the code is created to read:
m. Failure to clean abated surfaces, equipment used in abatement or the floors, walls and surfaces in the containment area so that they are free of asbestos containing residues prior to disrupting negative pressure in the enclosure or regulated area.
Part 7. Section 66-12-12-10 of the code is repealed and recreated to read:
10. ASBESTOS ABATEMENT. 1. The commissioner may use the authority delegated under ch. 17 of the charter to preserve the public health, and to summarily abate or remove a nuisance, and may assess the cost of such action, along with the city of Milwaukee costs, as a lien against the property and may be collected as a special charge in accordance with s. 17-12 of the charter.
2. An appeal may be filed to contest abatement charges. The written request for a hearing shall state the grounds for the appeal and shall be made to the administrative review appeals board within 30 days of the date of notice of the assessment.
LRB
APPROVED AS TO FORM
_________________________
Legislative Reference Bureau
Date:_____________________
Attorney
IT IS OUR OPINION THAT THE ORDINANCE
IS LEGAL AND ENFORCEABLE
________________________
Office of the City Attorney
Date:____________________
Requestor
DEPARTMENT OF NEIGHBORHOOD SERVICES
Drafter
LRB04085-2
aw
05/19/04