As used in this part 5, unless the context otherwise requires:
(1) (a) "Area of public access" means any building, facility, or property, or only that portion thereof, that any member of the general public can enter without limitation or restriction by the owner or lessee under normal business conditions; except that "area of public access" includes a single-family residential dwelling and any facility that charges the general public a fee for admission, such as any theater or arena. For purposes of this subsection (1), "general public" does not include employees of the entity that owns, leases, or operates such building, facility, or property, or such portion thereof, or any service personnel or vendors connected therewith. (b) Repealed.
(c) Notwithstanding the provisions of paragraph (a) of this subsection (1), a single family residential dwelling shall not be considered an area of public access for purposes of this part 5 if the homeowner who resides in the single family dwelling that is the homeowner's primary residence requests, on a form provided by the division, that the single family dwelling not be considered an area of public access.
"Asbestos" means asbestiform varieties of chrysotile, amosite, crocidolite, anthophyllite, tremolite, and actinolite.
"Asbestos abatement" means any of the following:
The wrecking or removal of structural members that contain friable asbestoscontaining material;
The following practices intended to prevent the escape of asbestos fibers into theatmosphere:
Coating, binding, or resurfacing of walls, ceilings, pipes, or other structures for thepurpose of minimizing friable asbestos-containing material from becoming airborne;
Enclosing friable asbestos-containing material to make it inaccessible;
Removal of friable asbestos-containing material from any pipe, duct, boiler, tank,reactor, furnace, or other structural member.
"Commission" means the air quality control commission created by section 25-7104.
"Division" means the division of administration in the department of public healthand environment.
"Friable asbestos-containing material" means any material that contains asbestos andwhen dry can be crumbled, pulverized, or reduced to powder by hand pressure and that contains more than one percent asbestos by weight, area, or volume. The term includes nonfriable forms of asbestos after such previously nonfriable material becomes damaged to the extent that when dry it can be crumbled, pulverized, or reduced to powder by hand pressure.
"Person" means any individual, any public or private corporation, partnership, association, firm, trust, or estate, the state or any department, institution, or agency thereof, any municipal corporation, county, city and county, or other political subdivision of the state, or any other legal entity which is recognized by law as the subject of rights and duties.
(7.5) "Project manager" means a person who has satisfied the experience and academic training requirements set forth by the commission.
(a) "School" means any institution that provides elementary or secondary education. (b) and (c) Repealed.
"State-owned or state-leased buildings" means structures occupied by any personwhich are either owned by the state or utilized by the state through leases of one year's duration or longer.
"Structural member" means any beam, ceiling, floor, or wall.
"Trained supervisor" means an individual certified by the division to supervise asbestos abatement pursuant to section 25-7-506.
Source: L. 87: Entire part R&RE, p. 1145, § 1, effective July 1. L. 88: (1) amended, p. 1016, § 2, effective June 11. L. 89: (8) amended, p. 1169, § 2, effective May 9. L. 94: (5), (8)(b), and (8)(c) amended, pp. 2787, 2702, §§ 509, 258, effective July 1. L. 95: (7.5) added, p. 20, § 1, effective July 1. L. 2001: (1) and (6) amended, p. 772, § 4, effective June 1. L. 2005: (8)(c) repealed, p. 283, § 23, effective August 8. L. 2006: (1)(b) and (8)(b) repealed, p. 125, § 10, effective March 27.
Editor's note: This section is similar to former § 25-7-502 as it existed prior to 1987.
Cross references: For the legislative declaration contained in the 1994 act amending subsections (5), (8)(b), and (8)(c), see section 1 of chapter 345, Session Laws of Colorado 1994.