255.5535  Exemptions from asbestos survey requirements.--Notwithstanding the requirements of s. 255.553, a state agency is not required to perform an asbestos survey:

(1)  For prefabricated or small structures that do not have floors or utilities, such as storage sheds and wood barns; however, this exemption shall only apply if a person who has successfully completed an asbestos training course in inspecting buildings for asbestos as described in ¹s. 455.305(1)(b), inspects the structure and determines that no asbestos is present and that it meets the requirements of this subsection; or

(2)  When property is acquired through the exercise of eminent domain authority or by purchase or donation, if:

(a)1.  The structure will remain unoccupied after being vacated by the current occupant; and

2.  The structure is conveyed together with the underlying land, or the structure is conveyed and relocated with no demolition nor renovation activities taking place as part of the relocation of that structure; or

(b)  The structure is acquired for a transportation facility and is demolished in accordance with Environmental Protection Agency guidelines, National Emissions Standards for Hazardous Air Pollutants, and Occupational Safety and Health Administration regulations and is removed from the property. Prior to any demolition, an asbestos survey must be performed in accordance with survey guidelines adopted by the Department of Labor and Employment Security.

History.--s. 43, ch. 93-164; s. 8, ch. 95-257.