Hotel Demolition in Colorado: A Late Notification and an Uncertified Superintendent

The notification is late. Colorado Regulation No. 8, Part B requires notification to CDPHE at least 10 working days before abatement or demolition begins. Mailing on February 20 for abatement starting February 24 leaves only about two working days, and even the March 3 demolition start is less than 10 working days after February 20 once weekends are counted. A late notification is not a paperwork technicality; the notice period exists so the state can schedule inspections and confirm that the project is properly designed and staffed. The owner should not let the crew start abatement on February 24. The practical options are to delay the start until the 10-working-day period has run, or to seek an emergency exemption if the facts genuinely qualify, which a planned parking-garage project does not. The notification must also accurately describe the amounts and types of RACM, the abatement schedule, the waste disposal site, and the certified contractor. If the schedule changes after notification, an updated notification is required.

Both parts of the staffing plan are problematic. Asbestos abatement in Colorado must be performed by a certified abatement contractor, with a certified supervisor and certified workers. Twenty years of construction experience is not a substitute for certification, and an uncertified superintendent cannot supervise the abatement. The proposal to have the inspector double as the abatement supervisor is also a conflict of interest. The inspector's role is to independently identify and assess asbestos-containing material before the work; the abatement supervisor's role is to run the removal for the contractor. Combining them undermines the independence of the inspection and is inconsistent with the separation of functions the regulation expects. The owner should require the abatement contractor to provide its own certified supervisor and should keep the inspector independent, available to verify the scope and to conduct post-abatement clearance. The apparent cost saving from combining roles is small compared with the risk of a failed inspection, a stop-work order, and civil penalties.

Transite siding is Category II nonfriable material, so it is not automatically RACM. It must be removed before demolition if the demolition method will crumble, pulverize, or reduce it to powder, because it would then become RACM. A wrecking operation that pulls the building down and breaks the siding is exactly that situation, so the practical answer is that the siding should be removed before the structural demolition unless the contractor can demonstrate a method that keeps it intact, which is unlikely with heavy demolition. The notification should describe the siding and the planned handling. If it is removed while intact, it still must be handled carefully to avoid breaking, and the pieces must be containerized and disposed of properly. The 320 linear feet of pipe insulation and 180 square feet of boiler insulation clearly exceed the RACM thresholds and must be abated before demolition. Leaving the transite in place and hoping it survives is not a defensible plan.