§ 6509.5. — 6509.5. (Added by Stats. 1988, Ch. 1491, Sec. 2.)

(a)
If an asbestos consultant has made an inspection for the purpose of determining the presence of asbestos or the need for related remedial action with knowledge that the report has been required by a person as a condition of making a loan of money secured by the property, or is required by a public entity as a condition of issuing a permit concerning the property, the asbestos consultant or any employee, subsidiary, or any company with common ownership, shall not require, as a condition of performing the inspection, that the consultant also perform any corrective work on the property that was recommended in the report.
(b)
This section does not prohibit an asbestos consultant that has contracted to perform corrective work after the report of another company has indicated the presence of asbestos or the need for related remedial action from making its own inspection prior to performing that corrective work or from making an inspection to determine whether the corrective measures were successful and, if not, thereafter performing additional corrective work.
(c)
A violation of this section is grounds for disciplinary action against any asbestos consultant who engages in that work pursuant to any license from a state agency.
(d)
A violation of this section is a misdemeanor punishable by a fine of not less than three thousand dollars ($3,000) and not more than five thousand dollars ($5,000), or by imprisonment in the county jail for not more than one year, or both.
(e)
For the purpose of this section:
(1)
“Asbestos consultant” means any person who, for compensation, inspects property to identify asbestos containing materials, determining the risks, or the need for related remedial action.
(2)
“Asbestos” has the meaning set forth in Section 6501.7.

Legislative History

Added by Stats. 1988, Ch. 1491, Sec. 2.