ASBESTOS HEALTH PROTECTION SURVEY

San Antonio City Code ch. 6, art. XI

in effect

San Antonio City Code § 6-290 Definitions.

Sec. 6-290. - Definitions. The following words, terms and phrases, are defined for purposes of this article as follows: Asbestos survey shall mean an inspection of a building or facility to determine the location, quantity, and condition of asbestos containing material (ACM) therein by taking samples for analysis or by visual inspection. Commercial building shall mean all buildings, including, but not limited to, institutional, public, and industrial structures which are not otherwise defined herein as residential buildings; however, the term specifically excludes: (a) An industrial facility to which access is limited principally to employees of the facility because of processes or functions that are hazardous to human safety or health; (b) A state or federal building or installation (civilian or military); (c) A private residence; (d) An apartment building or residential complex with no more than four (4) dwelling units; (e) A manufacturing facility or building that is limited to workers and invited guests under controlled conditions; or (f) A building, facility, or any portion thereof which has been determined to be structurally unsound and in danger of imminent collapse by a professional engineer, registered architect, or a city, county, or state government official. [Clarification comment (this comment does not have force of law): The above definition for commercial building meets the state's criteria for a "public building." By way of example, and not limitation, the structures regulated by this article as commercial buildings include any institutional, i.e., school, religious gathering place, industrial, or commercial trading place, including prisons and similar buildings.] Demolition shall mean operations in which load-bearing structural members of a building are wrecked or removed. Multiunit residential complex shall mean an apartment, condominium, hotel/motel or other complex or facility used, intended, or capable of being used for domestic occupation; including temporary or transient lodging, which complex possesses five (5) or more units. Person shall mean any individual, partnership, company, association, trust, foundation, governmental subdivision or agency, or any other entity recognized by law whether operated for profit or not for profit. Renovation shall mean additions to or alterations beneath the interior surfaces of a commercial building or multiunit residential complex for purposes of repair or restoration by removal, repairing, and/or rebuilding, or other activity intended to or likely to disturb or dislodge asbestos present in a structure. Residential building shall mean a single family dwelling, or a residential complex or apartment complex with four (4) or less units used or capable of being used for human habitation, all being categories of structures excluded from provisions of this article. (Ord. No. 89710, § 1, 5-6-99)

San Antonio City Code § 6-291 Applicability.

Sec. 6-291. - Applicability. Prior to the issuance of a permit to any person for the renovation or demolition of any commercial building or multiunit residential complex within the city limits of the City of San Antonio, an asbestos survey shall be conducted of the areas to be renovated or demolished. (Ord. No. 89710, § 1, 5-6-99)

San Antonio City Code § 6-292 Application to otherwise exempt residential structure.

Sec. 6-292. - Application to otherwise exempt residential structure. An asbestos survey shall not be required prior to the issuance of a permit for the renovation or demolition of an otherwise exempt residential building, as defined within this article, unless the renovation or demolition involves two (2) or more contiguous residential building sites which are part of a commercial or public project such as an urban renewal project, a highway construction project, a project to develop a shopping center or mall, the construction of an industrial facility or other large private development. (Ord. No. 89710, § 1, 5-6-99)

San Antonio City Code § 6-293 Transfer of property to and from city; contractual discretion.

Sec. 6-293. - Transfer of property to and from city; contractual discretion. The city's duly authorized representative, within the affected department, shall ensure performance of an asbestos survey on both residential buildings and commercial buildings, as defined within this article, in either of the following events: (1) prior to the sale or lease of any such building owned by the city to any person, and (2) prior to the sale or lease of any building by any person to the city. The city's management designee has recognized authority to exercise negotiation discretion to determine whether the city or the other party to the agreement shall bear asbestos survey expense. Nothing in this article shall be construed to diminish staff negotiation discretion for the city's benefit. This section expresses a voluntary commitment by the city to asbestos management and is not subject to criminal enforcement. (Ord. No. 89710, § 1, 5-6-99)

San Antonio City Code § 6-294 Previous survey; imminent danger.

Sec. 6-294. - Previous survey; imminent danger. An asbestos survey shall not be required under section 6-291, 6-292, or 6-293 if the commercial or residential building to be demolished, renovated, sold, or leased has been previously surveyed and satisfactory evidence of such survey is provided to the building official or the city management person designated to negotiate on behalf of the city, as the appropriate case may be. Additionally, an asbestos survey shall not be required if the building is determined to be in imminent danger of collapse or structurally unsafe to enter as prescribed by the city's dangerous structures and distressed properties ordinance, article VII, chapter 6 of this Code of Ordinances, or under the city's summary abatement authority. Unless an exigency is present, requirements of this article shall not be waived. [Explanatory Note: The city's dangerous buildings and distressed properties ordinance, codified at chapter 6, article VIII, sections 6-156, et seq., also explains demolition procedures for dangerous structures when imminent danger is not present.] (Ord. No. 89710, § 1, 5-6-99)

San Antonio City Code § 6-295 Licensed surveyor.

Sec. 6-295. - Licensed surveyor. Any asbestos survey required herein shall be conducted by an individual licensed by the state to perform an asbestos survey. The responsibility for accomplishment of the asbestos survey shall be upon the person seeking a permit and upon the owner of the property when the permit seeker is an agent or contractor. The cost of the asbestos survey under section 6-293 shall be borne by the seller or lessor, as may be contractually agreed. (Ord. No. 89710, § 1, 5-6-99)

San Antonio City Code § 6-296 Criminal offense; public nuisance; penalties.

Sec. 6-296. - Criminal offense; public nuisance; penalties. No permit for demolition or renovation shall be issued without an asbestos survey as required herein as pertains to commercial and public buildings meeting the applicable definition requirements of this article. It shall be unlawful for any person to commence, conduct, or continue demolition or renovation operations without a permit as required under sections 6-291 and 6-292. Violators shall be deemed to have committed a Class C Misdemeanor criminal offense, and shall be subject to a fine of no less than one hundred dollars ($100.00) nor more than one thousand dollars ($1,000.00) for each violation. Each day a violation continues shall be deemed a separate offense. Commission of renovation or demolition in violation of this article, without benefit of an asbestos survey, is hereby declared to be commission of a public nuisance, deemed to pose a threat to the public health, safety, and welfare, and is prohibited as unlawful. It is also an offense for an owner, occupant, or other person having control of a building or structure to fail to cease or fail to cause to cease acts of demolition or renovation occurring, or threatening to occur, in violation of this article. The city reserves to itself all remedies, at law and in equity, which may be cumulative to the criminal law, to treat violations of this article; the city shall be neither required to issue nor prohibited from issuing criminal citations before, during, or after any civil proceeding to enforce this article. (Ord. No. 89710, § 1, 5-6-99)

San Antonio City Code § 6-297 Administrative penalty and referral to state department of health.

Sec. 6-297. - Administrative penalty and referral to state department of health. Violation of this article shall not be remediated or cured solely by imposition of an administrative fee, for late permit application, upon the person who failed to secure an asbestos survey. Any violation or apparent violation of this article shall be noticed to the Texas Department of Health. (Ord. No. 89710, § 1, 5-6-99)

Source: City of San Antonio, City Code, City Charter and Unified Development Code (Municode Library, library.municode.com)URL: https://library.municode.com/tx/san_antonio/codes/code_of_ordinances?nodeId=PTIICO_CH6BU_ARTXIASHEPRSUFetched: 10/27/2026