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February 17, 2012 Marco Graziani
Posted in General Interest

Asbestos – A Thing of the Past? Maybe Not!

It was surprising to hear that asbestos may have been present in commonly used building materials, such as acoustic ceiling tiles, textured finish on ceilings, vinyl floor tiles and/or drywall joint compound to name a few, up to the early 1980’s. Typically, if the material in question is in good condition and remains undisturbed, asbestos is not an immediate concern. That stated, if any remedial work is required to be conducted to an area in close proximity to, or that contains asbestos, then certain steps must be taken. It is clear that asbestos is considered to be a potentially serious health hazard and, accordingly, it is highly regulated, particularly by O. Reg. 278/05 of the Occupational Health and Safety Act, R.S.O. 1990 c. 0.1 among others. An assessment, by a qualified professional (i.e. an accredited engineer), would be required in order to determine the presence of asbestos. If asbestos is found, then the task at hand is not a small one for the board. The presence of asbestos in a condominium building will require the board to adopt both a scheduled asbestos maintenance program, along with a detailed procedure to follow when work is conducted that will or even may disrupt the asbestos. For buildings built up until the early 1980’s, an assessment of building components by the qualified professional is warranted. The board, in consultation with management, its engineers and solicitors, will have to address the matter by implementing a protocol that will protect the building’s residents and comply with the applicable legislation.

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Marco Graziani

Marco Graziani Associate

B.A., LL.B.

mgraziani@finedeo.com
905.760.1800 x237
905.760.0050

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