Elawyers Elawyers
Washington| Change
Visitors: 48

Vermont Asbestos Regulations

Known for its heat- and fire-resistant properties for centuries, the use of asbestos became most prevalent during the urban construction booms of the 20th century. While the naturally occurring, fibrous mineral was lauded for its unique properties, health officials eventually sounded the alarm on its potential to cause serious illnesses in individuals who became exposed. While it's relatively harmless in existing buildings when left alone, the fibers can cause illness when they're disturbed, released into the air, and inhaled. Therefore, federal and state regulations were created around the handling and disposal of asbestos-containing materials (ACM).

The following information provides an overview of Vermont's asbestos regulations, with links to forms and other important documents.

Vermont Asbestos Regulations at a Glance

Statutes and Codes
  • Vermont Statutes Title 18. Health, § 1331, et seq.
  • Vermont Regulations for Asbestos Control
Asbestos Regulatory Agencies

Federal:

  • U.S. Environmental Protection Agency (USEPA) Develops and enforces regulations necessary to protect the general public from exposure to airborne contaminants that are known to be hazardous to human health (See 42 U.S.C. § 7401 et. seq).
  • Occupational Safety and Health Administration (OSHA)

Vermont:

  • Vermont Department of Health
  • Vermont Occupational Safety and Health Administration (VOSHA)
Demolition, Renovation, and Abatement: Permits and Notifications

Before demolishing or renovating a facility, an asbestos assessment must be completed to determine if there are asbestos-containing materials (ACM). This must be conducted by a Vermont-licensed Asbestos Inspector.

No one may demolish or renovate a facility without first getting confirmation from the facility owner that an asbestos assessment has been completed.

If no ACM are found, the Health Department must be notified 10 working days prior to the demolition.

If ACM are found, and they will be disturbed during the project, then:

  • ACM must be removed prior to the demolition or renovation by a licensed Asbestos Abatement Entity.
  • The Asbestos Abatement Entity must notify the Health Department 10 working days before the abatement project begins by filing an application for permit.
  • The application for permit will be submitted with the permit fee.
Small Scale Short Duration Activities

Small Scale Short Duration Activities (SSSD) include any asbestos abatement activity that encompasses up to and including:

  • 10 linear feet of ACM located on pipes; or
  • 10 square feet of ACM from any surface within the abatement area within a facility.

All SSSD must be performed by a trained and certified Asbestos Worker or Supervisor. A completed SSSD notification must be sent to the Health Department, using the SSSD Notification Form, within 48 hours of the activity.

Note: Projects divided up into smaller segments are asbestos abatement projects and not small scale, short duration activities.

Information for Homeowners

Homeowners are exempt from:

  1. An asbestos contractor license; and
  2. A permit for the removal of asbestos when they remove asbestos from their primary residence.

However, homeowners are not exempt from required methods for handling and disposing of ACM. Please contact the Health Department for further information regarding safe methods for the handling and removal of ACM at 802-863-7220 or 800-439-8550 (toll free in VT).

Note: State regulations are always subject to change through the passage of new legislation, rulings in the higher courts (including federal decisions), ballot initiatives, and other means. While we strive to provide the most current information available, please consult an attorney or conduct your own legal research to verify the state law(s) you are researching.

Research the Law

Vermont Asbestos Regulations: Related Resources

Get a Legal Evaluation of Your Vermont Asbestos Claim

If you're planning to renovate or demolish a building, regardless of whether you believe it contains asbestos, make sure you follow Vermont's regulations. But if you believe you may have been exposed to asbestos or have developed an asbestos-related illness, you may be able to file a claim. Get a claim evaluation by a Vermont attorney today.

From FindLaw  Created by FindLaw's team of legal writers and editors.

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer