Public Building Nuisance Removal: Asbestos Demolition or Renovation Exemption for Residential Buildings

Awareness Statement

On July 20, 2024, the Louisiana Administrative Code, LAC 33:III. 5151.F.1.g, was amended to provide applicability clarification for demolition or renovation activities of residential buildings. LAC 33:III.5151.F.1.g is as follows:

F.  Emission Standard for Demolition, Renovation, Asbestos-Contaminated Debris Activities, Response Actions and Major Fiber Release Episodes

1.Applicability.

g.  Residential Exemptions

i.The demolition or renovation of any residential building with four or fewer dwelling units is exempt from the requirements of this Subsection as follows.

(a).  A demolition or renovation of a residential building with four or fewer dwelling units by any person, for any reason, if the residential building is not an installation or part of an installation, as defined in Subsection B of this Section, and the activity is not part of a planned commercial or public project, and is not intentionally burned. Any structure, installation, or building that was previously subject to this Subchapter is not excluded, regardless of its current use or function.

(i).   The demolition or renovation of any residential building with four or fewer dwelling units that is part of a planned commercial or public project, or is considered an installation or part of an installation, as defined in Subsection B of this Section, is subject to the requirements of this Subsection.

(b).  For purposes of this Section, the demolition or renovation of a residential building with four or fewer dwelling units that has been declared a safety hazard or public nuisance by local government is not considered a planned public project if it is not part of a larger planned project, i.e., is not included in the development of new commercial, public, or community facilities or roads. In this case, the residential building is not considered an installation and the activity is exempt from the requirements of this Subsection.

Questions?  You can contact the Office of Environmental Compliance (OEC) Surveillance Division (SD).

The main number is 225-219-3615 (you will be forwarded to staff who can assist you); the email address is _DEQ-Sect-Inspection Advisors (in the subject line type “residential exemption question to the attention of ES Senior, Asbestos”).