AREA OF PUBLIC ACCESS OPT-OUT

Reg 8 • Colorado Asbestos “Area of Public Access” How owner-occupants can opt out — and who can’t

Colorado took a unique path with asbestos rules by creating a Reg-8–specific classification called Area of Public Access (APA). Unlike common-sense notions of “public,” Colorado law explicitly includes single-family homes in APA—so, by default, most residential abatement must follow the same stringent protections as public/commercial sites. Justia Law

This post unpacks (1) why APA exists, (2) how the homeowner opt-out works, and (3) where it doesn’t apply.

Why “Area of Public Access” exists (and why homes are included)
Colorado codified APA to cover any building, facility, or property where people can enter or be exposed to asbestos—from theaters to private houses. By naming single-family residential dwellings (SFRDs) inside the definition, the state ensured residential risks are regulated—because asbestos fibers don’t care whether a space is “public.” Justia Law

CDPHE’s Reg 8, Part B then layers detailed abatement requirements (permits/notices, methods, trained personnel, etc.) on APA projects to minimize fiber release and protect the public. Even when other flexibilities apply, CDPHE still expects safe handling and proper disposal. CDPHE

The homeowner opt-out: narrower, on purpose
Colorado allows a limited carve-out: an owner-occupant of a single-family home (their primary residence) may ask that their dwelling not be treated as APA for that abatement project—by submitting the Division’s Single-Family Residential Dwelling Area of Public Access Opt-Out Form (Reg 8, Part B, §III.E.3). Justia
Baseline conditions (must meet all):

• The dwelling is a single-family residential dwelling (SFRD).
• It is the homeowner’s primary residence and the homeowner resides there.
• The homeowner (or their GAC) submits the CDPHE opt-out form before work. Justia

When granted, the opt-out removes many APA-specific requirements that drive cost and schedule—reflecting the state’s judgment that an owner can accept more personal risk in their own home than the state would ever allow for the general public. Still, not everything goes away: OSHA duties, safe work practices, and lawful waste handling still apply. 

Reversion: the home reverts to APA at project end or if it stops being the owner’s primary residence (e.g., sold or moved out). Legal Information Institute

Where the opt-out does not apply (and why)The opt-out is only for SFRDs. That means no opt-out for condos, apartments, duplexes, or any residence with shared corridors/garages/common areas—those are not single-family dwellings, and they implicate neighbors and the public (elevators, hallways, parking, etc.). In short: if others could be exposed beyond the owner’s household, APA stays in force. Justia
Likewise, if the owner is renting any part of the property or planning to sell, they can’t shift risk to tenants or future buyers; the opt-out is designed to let only the current, residing owner assume additional risk. (This flows from the SFRD/primary-residence limits and the reversion rule.) Justia+1

Practical takeaways

• Default: Your house is APA under Reg 8--unless you qualify and file the SFRD opt-out. Justia Law
• Intent: CDPHE prefers APA-level stringency as the safest path—opt-out is a narrow affordability valve, not a loophole. CDPHE
• Limits: Owner-occupied, primary-residence SFRDs only; no multi-unit/shared-corridor properties; no renting/selling contexts. Justia
• Even if you opt out: You still must handle materials safely and dispose of waste at approved facilities; OSHA still applies. CDPHE

When to ask for help
If you’re weighing an opt-out, have a contact Advent Asbestos Consulting to schedule a licensed asbestos building inspector to verify materials and explain what changes—and what doesn’t—under Reg 8. That keeps you safe, compliant, and realistic about cost and timing. CDPHE