New York Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations

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This office lease clause deals with asbestos and the obligation of the landlord to remediate asbestos during initial alterations.

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FAQ

The Control of Asbestos Regulations CAR 2012 cover all aspects of this area, along with their various guidance documents. For commercial landlords the responsibility for the management and disclosure of asbestos details lies generally with the landlord in the UK, or the tenant, based on the lease drawn up.

Permissible Exposure Limit (PEL) for asbestos is 0.1 fiber per cubic centimeter of air as an eight-hour time-weighted average (TWA), with an excursion limit (EL) of 1.0 asbestos fibers per cubic centimeter over a 30-minute period.

1977 In 1977, the Consumer Products Safety Commission banned asbestos in joint compounds and drywall tape. However, these products may still have been used until 1980 or later from the oversupply that had been purchased prior to the ban. As a result, buildings constructed before 1990 may still contain asbestos in drywall. Asbestos in Drywall - The Lanier Law Firm lanierlawfirm.com ? mesothelioma ? products lanierlawfirm.com ? mesothelioma ? products

Researchers first discovered the link between asbestos exposure and cancer in 1934. The warnings for this risk of cancer relative to asbestos would not come until 1942. A year later, the first mesothelioma-like tumor was reported in Germany. By 1949, asbestos is widely understood to be harmful. The History of Asbestos: From Discovery to Personal Injury waterskraus.com ? louisiana ? history-asbest... waterskraus.com ? louisiana ? history-asbest...

1989 1989 Partial Ban on the manufacture, import, processing, and distribution of some asbestos-containing products. EPA also banned new uses of asbestos which prevent new asbestos products from entering the marketplace after August 25, 1989. These uses remain banned. EPA Actions to Protect the Public from Exposure to Asbestos United States Environmental Protection Agency (.gov) ? asbestos ? epa-actions-protect-p... United States Environmental Protection Agency (.gov) ? asbestos ? epa-actions-protect-p...

All new uses have been banned since 1989 because asbestos is known to cause lung problems, including cancer, decades after high exposures. Children are not typically at risk for these diseases because they do not work in industrial settings; however, some home and school construction projects can disturb old asbestos.

The only way to be sure whether a material contains asbestos is to have it tested by a qualified laboratory. EPA only recommends testing suspect materials if they are damaged (fraying, crumbling) or if you are planning a renovation that would disturb the suspect material. How do I know if I have asbestos in my home (in floor tile, ceiling tile ... epa.gov ? asbestos ? how-do-i-know-if-i-ha... epa.gov ? asbestos ? how-do-i-know-if-i-ha...

Clean Air Act (CAA) (42 USC § 7401 et seq.) This law defines the EPA's responsibilities for protecting and improving the nation's air quality and the stratospheric ozone layer and includes provisions for the EPA to set national emission standards for hazardous air pollutants, including asbestos.

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New York Clause Dealing with Asbestos and the Landlord Obligation to Remediate Asbestos During Initial Alternations