328.2 Asbestos Information Notice.

328.2 Asbestos Information Notice.

328.2.1 Nonresidential disclosure. The seller of any nonresidential building, except a nonresidential building for which a building permit to erect the structure was filed with the Department on or after January 1, 1979, shall disclose to the buyer, prior to transfer of title, what efforts, if any, the seller has made to determine if the building contains asbestos-containing construction materials and provide relevant documentation of these efforts.

328.2.2 Knowledge of seller. The seller of any non-residential building, except a nonresidential building for which a building permit to erect the structure was filed with the Department on or after January 1, 1979, who knows that the nonresidential building contains asbestos-containing construction materials, shall provide notice to the buyer prior to transfer of title of the following:

1. The existence of, conclusions from and a description or list of the contents of any survey conducted todetermine the existence and location of asbestos-containing construction materials within the nonresidential building. The seller shall provide copies of any documentation of the final survey results, including any documentation of the inspector’s, laboratory’s or consultant’s asbestos inspection qualifications and state certification.

2. Locations within the nonresidential building identified by the survey or known to the seller where asbestos-containing construction materials in the form of surfacing material, thermal system insulation or miscellaneous material are present.

3. Any final operation and management plans prepared for the seller by consultants, agents or employees of the seller identifying procedures or handling restrictions to minimize or prevent disturbance, release or exposure to the asbestos-containing construction material.

4. Results of any bulk sample analysis or air monitoring conducted for or by the seller or within the seller’s control, including reference to sampling and laboratory procedures utilized, and copies of the laboratory reports, monitoring data and sampling procedures.

5. Information in a final survey or other document prepared for the seller by consultants, agents or employees of the seller that (a) assesses the condition of asbestos-containing construction material in the form of surfacing material, thermal system insulation or miscellaneous material; or (b)

evaluates the potential for exposure to building occupants.