The Missoula City Council passed the Asbestos Ordinance #3368 on Feb. 11, 2008, with an effective date of March 11, 2008. This ordinance applies to all commercial, public, and industrial buildings, as well as residential buildings with five or more units. The purpose of this ordinance is to ensure that the Montana Asbestos Control Act (ACA) and Administrative Rules of Montana (ARM) Title 17, Chapter 74, Subchapter 3 are adhered to within the City of Missoula.
This ordinance is the result of the City of Missoula Administration's concerns about public safety. A DEQ asbestos compliance study in 2002 found that 99% of demolitions occurring on public buildings in Missoula were non-compliant with asbestos regulations.
The law requires an asbestos inspection (survey) prior to building demolition and/or renovation activities, including, but not limited to:
The Montana Department of Environmental Quality enforces the Asbestos Control Act (ACA). Building owners and contractors who violate the ACA are potentially subject to administrative and civil penalties under Montana Code Annotated Title 75, Chapter 2, Part 5. Contractors performing work covered by this ordinance within the City of Missoula without a required building permit will not only be required to obtain a building permit, but also be reported to the Montana Department of Environmental Quality.