When does a Hawaii asbestos license apply to water tear-out?
Hawaii requires an asbestos contractor license for activity that disturbs friable asbestos or asbestos-containing material. Water damage tear-out in an older building can meet that test, because the work breaks up or removes the material. The license question is decided by the material and the activity, and the rules are set out in Hawaii Administrative Rules, Title 16.
The rule turns on disturbance. Removing wet drywall from a wall that was built with asbestos-containing plaster, or pulling up a ceiling texture that crumbles when wet, is the kind of activity the rule covers. A contractor who disturbs the material without the license is working outside the rule, and the homeowner carries the risk of a dispute later.
The rule does not require a license for every building that is old. It requires the material to be checked and, where the test is met, a contractor licensed for asbestos work to handle it. That is why this page asks about the building and the materials before any tear-out begins.
How do you check a material for asbestos without disturbing it?
Asbestos cannot be identified by looking at a material, so a licensed asbestos contractor takes a sample in a way that limits disturbance. The sample is sent for analysis, and the result decides what must be done. Until the result is known, the material is treated as one that may contain asbestos.
A contractor who takes a sample uses methods that keep fibers from being released, such as wetting the area and sealing the sample. The method and the analysis are the contractor's responsibility, and the homeowner should ask which method will be used and who will analyze the sample.
Do not take the sample yourself. A sample taken by someone without the license, from a material that may contain asbestos, puts the sampler and the rest of the building at risk, and it can be the activity the rule covers.
What does a homeowner need to do before the crew starts tear-out?
Tell the crew when the building was built, which materials are wet and whether any wall or ceiling has already been cut. Keep people out of the affected rooms and do not disturb the material. Ask for the asbestos check to be arranged before any wet material is removed.
Keep the area closed off with the door shut and the vents sealed, if the crew asks you to. Do not sweep or vacuum dust from wet materials, because that spreads the fibers. Wait for the crew to clean the area with the method it has chosen.
Write down any previous repairs you know about, including the year of the work and the materials used. Previous repairs can show that a wall was opened before, which affects what the check must cover.
Who should I ask to see the license before any tear-out?
Ask the contractor for its license details before any work begins, and check them yourself with the DCCA Licensing and Business Registration lookup at businesscheck.hawaii.gov. Hawaii's contractor licensing sits under HRS Chapter 444, and the asbestos rules are set in the Hawaii Administrative Rules. The homeowner should confirm the license type matches the work.
A license for general building work does not automatically cover asbestos abatement. Ask the contractor which license it holds for asbestos work, and confirm that the license type matches the material being removed. The DCCA lookup shows what a contractor is licensed to do.
Keep a copy of the license details and the contractor's written scope of work with the drying record. If the contractor cannot show the license, do not allow the tear-out to start until the question is settled.
What happens to the material once it has been tested and removed?
Material that tests positive is removed and handled under the asbestos rules by the licensed contractor. Material that tests negative can be torn out under the ordinary drying and repair process. The homeowner receives the test results and the disposal record, and keeps them with the other papers for the building.
Asbestos waste is handled by the licensed contractor under the applicable rules, not removed with ordinary construction waste. The homeowner should ask for the disposal record and keep it, because a buyer or a later contractor may ask for it.
Once the material is removed, the crew dries the structure and records the readings, as it would for any other tear-out. The drying and repair work can then go ahead, with the asbestos question closed in the record.