Michigan Asbestos Regulations
Created by FindLaw's team of legal writers and editors | Last reviewed December 06, 2018
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Asbestos went from one of the most popular building materials to a banned substance when it became clear that, apart from providing a fire retardant insulation, the mineral was also the cause of serious illnesses.
Michigan's asbestos regulations are similar to those implemented by the federal government and states throughout the country. However, if you have been injured by improperly handled asbestos, or are looking to remove asbestos from your property, you'll need to know more about Michigan's rules.
Michigan Asbestos Regulation Overview
The following chart provides an overview of Michigan's asbestos regulations.
|Statutes||Michigan Code, Chapter 338, Asbestos Abatement Contractors Licensing Act, Chapter I, Section 338.3101, et seq.|
|Asbestos Removal 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:
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.
Note: State laws 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.
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Whether you've been damaged by the improper treatment of asbestos or need to remove asbestos materials from your property, you'll benefit from legal advice. A lawyer can discuss your situation and explain how the local laws apply. Contact a local injury law attorney today and learn how they can help you understand your rights and obligations under Michigan law.
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