Cuyahoga Ohio Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations

State:
Multi-State
County:
Cuyahoga
Control #:
US-OL10043BB
Format:
Word; 
PDF
Instant download

Description

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

The Cuyahoga Ohio Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations is a legal provision that addresses the presence of asbestos in buildings during the initial stages of renovations or alterations. Asbestos is a harmful mineral fiber commonly found in older buildings, and its inhalation can lead to serious health issues, including lung cancer and mesothelioma. Therefore, it is crucial for landlords to implement remediation measures to ensure the safety of tenants. The clause requires landlords or property owners in Cuyahoga, Ohio, to conduct asbestos inspections and remediation activities when performing initial alterations on their properties. This provision aims to identify any asbestos-containing materials (ACMs) present and address them appropriately to prevent the release of asbestos fibers into the air. Under this clause, landlords are typically required to hire qualified asbestos professionals to conduct comprehensive inspections of the property before the commencement of any alterations. These professionals utilize specialized equipment and techniques to sample and analyze materials suspected of containing asbestos fibers. If the inspections confirm the presence of ACMs, the landlord is obligated to take necessary measures to remediate the asbestos-containing materials. Remediation methods depend on the severity of the asbestos issue and the type of alteration being performed. Some potential approaches may include encapsulation, enclosure, or removal of the asbestos materials. Encapsulation involves sealing the ACMs with a specially formulated adhesive to prevent the release of fibers. Enclosure involves constructing airtight barriers around the ACMs to prevent disturbance. In cases where removal is deemed necessary, licensed asbestos contractors must be hired to safely and legally eliminate the hazardous materials. By implementing this clause, Cuyahoga, Ohio aims to protect both tenants and renovation workers from the health risks associated with asbestos exposure. It ensures that landlords are aware of their responsibilities and take appropriate action to remediate asbestos-containing materials during initial alterations. Different variations or versions of this clause may exist based on specific ordinances or regulations applicable within Cuyahoga County or individual municipalities. These variations may detail additional requirements, such as notification protocols, disposal procedures, and documentation standards. Therefore, it is crucial for landlords and property owners to consult the relevant local authorities or legal professionals to ensure compliance with all applicable Cuyahoga Ohio clauses dealing with asbestos during initial alterations.

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FAQ

You typically can't identify asbestos-containing material just by looking at it, unless the material is labeled. But, according to the United States Environmental Protection Agency (EPA), asbestos is often found in materials like: attic and wall insulation. vinyl flooring.

If you built the property, you must ensure there are no major defects, which include asbestos. If a tenant is reasonably affected by such defects, they can sue for compensation under tort law. The court can then order the landlord to carry out any work required to rectify the problem.

Many U.S. homes and public structures, such as schools, government housing and office buildings built before the 1980s, contain asbestos in: Cement. Roof Shingles. Steam Pipes. Ceiling and Floor Tiles. Textured Paint. Spray-on Insulation.

You typically can't identify asbestos-containing material just by looking at it, unless the material is labeled. But, according to the United States Environmental Protection Agency (EPA), asbestos is often found in materials like: attic and wall insulation. vinyl flooring.

If you breathe asbestos fibers, you may increase the risk of several serious diseases, including asbestosis, mesothelioma and lung cancer. Asbestos exposure may increase your risk for cancers of the digestive system, including colon cancer.

Use of asbestos was banned in the UK in 1999 but you can still find it in many properties. Landlords should assume that asbestos is present in all pre-2000 buildings. If it's in good condition and not damaged or disturbed then it shouldn't present a risk.

You can live in a house with asbestos. If you live in an old house, the chances are that you have been living with asbestos for some time. When the asbestos-containing material is disturbed, deteriorating, or broken, however, it can be harmful to your health.

As a tenant, you have a right to a livable home. As asbestos is a hazardous substance, exposed asbestos must be dealt with by your landlord. The Occupational Health and Safety Administration (OSHA) has regulations to protect the right of tenants by placing duties on landlords themselves.

The plan for dealing with asbestos will depend on its current condition. If a survey reveals the asbestos is sound and best left undisturbed, a landlord has no legal obligation to act. Many tenants will be unhappy about the idea of asbestos in their home and it may be prudent to have the material removed.

Once airborne, the fibers can be inhaled and become lodged in the lungs, creating scar tissue. Decades later, more serious health concerns may arise, including cancers like mesothelioma or lung diseases like asbestosis.

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Cuyahoga Ohio Clause Dealing with Asbestos and Causing the Landlord to Remediate Asbestos During Initial Alterations