ontario regulation 278/05

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ontario regulation 278/05

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Paul Hinsperger

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Posted: Oct 25, 2005 10:24 AM       Post Subject:
Designated Substance - Asbestos on Construction Projects and in Buildings and Repair Operations

Many changes from existing regulation 838/90 have been made.

Effective Nov 1, 2005 icon_exclaim.gif Some sections are not in effect until Nov 1, 2007


Here is the actual regulation;
http://www.e-laws.gov.on.ca/DBLaws/Source/Regs/English/2005/R05278_e.htm

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Paul Hinsperger
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Paul Hinsperger

Hinsperger Inspection Services Ltd
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Posted: Nov 3, 2005 8:11 AM       Post Subject:
Quote:

2. (1) This Regulation applies to,

(a) every project, its owner, and every constructor, employer and worker engaged in or on the project;

(b) the repair, alteration or maintenance of a building, the owner of the building, and every employer and worker engaged in the repair, alteration or maintenance;

(c) every building in which material that may be asbestos-containing material has been used, and the owner of the building;

(d) the demolition of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles, and every employer and worker engaged in the demolition; and
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Owner's responsibilities before requesting tender or arranging work
...the owner shall have an examination carried out in accordance with section 3 to establish whether any material that is likely to be handled, dealt with, disturbed or removed, whether friable or non-friable, is asbestos-containing material.



Many products in residential construction did and do contain asbestos. After they stopped using horse hair in plaster, asbestos was often added.

So does this regulation now mean that older homes undergoing renovations need to be tested asbestos? Boy am I in the wrong business icon_sad.gif

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Paul Hinsperger
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Raymond Wand

Raymond Wand Home Inspection Service
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Posted: Nov 3, 2005 8:32 AM       Post Subject:
Paul

I believe this regulation is for commercial/industrial it does not cover private properties.

Life is injurious to our health. icon_cry.gif

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Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
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Paul Hinsperger

Hinsperger Inspection Services Ltd
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(as of 3/25/07)
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Posts: 1458
User: phinsperger
Posted: Nov 3, 2005 2:42 PM       Post Subject:
Quote:
Definitions

1. (1) In this Regulation,


"building"; means any structure, vault, chamber or tunnel including, without limitation, the electrical, plumbing, heating and air handling equipment (including rigid duct work) of the structure, vault, chamber or tunnel;


As I read it, it doesn't seem to exclude residential buildings.

A friend of mine who does residential reno work has allready been confronted with this by a homeowner he was to do some work for.

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Paul Hinsperger
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Raymond Wand

Raymond Wand Home Inspection Service
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User: rwand1
Posted: Nov 3, 2005 3:45 PM       Post Subject:
Application

2. (1) This Regulation applies to,

(a) every project, its owner, and every constructor, employer and worker engaged in or on the project;

(b) the repair, alteration or maintenance of a building, the owner of the building, and every employer and worker engaged in the repair, alteration or maintenance;

(c) every building in which material that may be asbestos-containing material has been used, and the owner of the building;

(d) the demolition of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles, and every employer and worker engaged in the demolition; and

(e) subject to subsection (3),

(i) work described in subsection (2) in which asbestos-containing material is likely to be handled, dealt with, disturbed or removed, and

(ii) every employer and worker engaged in the work.

(2) Clause (1) (e) applies to,

(a) the repair, alteration or maintenance of machinery, equipment, aircraft, ships, locomotives, railway cars and vehicles; and

(b) work on a building that is necessarily incidental to the repair, alteration or maintenance of machinery or equipment.

(3) This Regulation does not apply to an employer to whom Regulation 837 of the Revised Regulations of Ontario, 1990 (Designated Substance ? Asbestos) applies in respect of those workers employed by the employer and engaged in the activities described in clause (1) (e) if the employer has on or before December 16, 1985 put into effect and maintained measures and procedures to control the exposure of workers to asbestos and has incorporated the same in an asbestos control program in accordance with Regulation 837 of the Revised Regulations of Ontario, 1990.

(4) This Regulation does not apply to an owner of a private residence occupied by the owner or the owner?s family or to an owner of a residential building that contains not more than four dwelling units, one of which is occupied by the registered owner or family of the registered owner.

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Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca

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Paul Hinsperger

Hinsperger Inspection Services Ltd
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(as of 3/25/07)
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User: phinsperger
Posted: Nov 3, 2005 4:22 PM       Post Subject:
Ok. But doesn't it apply to a contractor working for the owner such as in my friends case?

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Raymond Wand

Raymond Wand Home Inspection Service
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(as of 3/25/07)
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User: rwand1
Posted: Nov 7, 2005 7:05 AM       Post Subject:
Paul

I don't know the answer to your question, but I would be inclinded to follow the removal guidelines, even if I was the owner.

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Raymond Wand
Alton, ON
The value of experience is not in seeing much,
but in seeing wisely. - Sir William Osler 1905
NACHI Member
Registered Home Inspector (OAHI)
http://www.raymondwand.ca

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