In cases where a property owner can opt-out of abatement requirements, which criteria must be met?

The correct criteria for a property owner to opt out of abatement requirements is that the property cannot be an area of primary residence or publicly accessible. This stipulation is essential because the primary concern of asbestos regulations is to protect human health and the environment from the dangers associated with asbestos exposure. If a property is designated as a primary residence or is publicly accessible, there is a heightened risk of exposure to individuals, including residents, visitors, or passersby. Therefore, not allowing opt-out under such circumstances ensures that proper abatement measures are enforced to prevent health risks associated with asbestos.

Properties that serve public functions or are inhabited need to adhere strictly to regulations to manage and mitigate asbestos-related hazards. Such properties would require careful assessment and remediation as necessary to maintain safety standards. Thus, maintaining this criterion helps safeguard the health of those who could be exposed to hazardous materials, aligning with the intent of asbestos regulation.