Michigan Asbestos Regulations

Michigan's asbestos regulations fall under the state's Department of Licensing and Regulatory Affairs (LARA). The department has established an asbestos abatement contractor's licensing board, which assists in administrating and carrying out the asbestos laws.

The department requires that asbestos abatement contractors receive a license from the department prior to work involving the demolition, renovation, or encapsulation of friable asbestos materials. A license is not required for projects incidental to the primary licensed trade involving less than 160 square feet or 260 linear feet of friable asbestos material.

The primary licensed trades eligible for this exception include electricians, mechanical contractors, and residential builders and contractors.

Asbestos abatement contractors are required to notify the department in writing at least 10 days prior to commencing an asbestos abatement project exceeding 10 linear feet, or 15 square feet, of friable asbestos material.

Michigan also requires a post-abatement air monitoring check upon completion of an asbestos abatement project. This assessment must be performed by a party that is neutral and independent of the asbestos abatement contractor.

The department is authorized to investigate acts of asbestos abatement. If the contractor is not found to be in compliance with the applicable regulations the department can deny, suspend, or revoke the contractor's license. This may also occur where the department finds:

• A willful or negligent act that violates the regulations or any other state or federal law relating to public health and safety;
• The falsification of records;
• The failure to obtain or renew a license; or
• The employment of any person who has not received proper training and certification under state or federal law.

If a business entity has its license denied, suspended, or revoked, this penalty applies to any partner, trustee, director, officer, or person exercising control of the business entity.

Violators may be subject to civil penalties of up to $10,000 for each violation or day Violations of licensing regulations can result in civil penalties of up to $25,000 for each violation or day.

Any asbestos abatement contractor who engages in abatement without a license or violates any rule under the law is guilty of a misdemeanor, punishable by a fine of up to $500 for a first offense, or up to $1,000 and up to 6 months imprisonment for subsequent offenses.