# Old floors and asbestos in New Jersey

> What New Jersey and federal texts say about asbestos in an old floor: where it can be, who may remove it from a home, and how the waste is classified.

Source: https://njflooringguide.com/asbestos

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# What do the rules in New Jersey say about asbestos in an old floor?

## Short answer

> Due to the hazards associated with disturbing asbestos-containing materials, removing it is not a do-it-yourself project. You should hire an asbestos professional to do the job.

Source: page 5, box "Do I have to remove the asbestos?". Document: "Asbestos: A Guide for New Jersey Residents" (New Jersey Department of Health). Revision as printed: none. Read 2026-11-13. [https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf](https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf)

When the floor is old and worn, the New Jersey Department of Health (NJDOH) prefers covering the tile to removing it; the publisher of this site sells flooring materials, including the categories these pages mention. NJDOH's FAQ says no regulation forbids a homeowner from removing asbestos in their own home and strongly advises against it, and a 2013 notice from the Department of Community Affairs says a homeowner is not required to be licensed. The rule text does not settle the question.

## What the documents say

### Where asbestos can be in a floor

NJDOH's guide for residents lists these household products as ones that could contain asbestos.

> Vinyl floor tiles (usually 9" X 9") • Some forms of linoleum • Glue that attaches floor tiles to concrete or wood

Source: page 2, list "Household products which could contain asbestos". Document: "Asbestos: A Guide for New Jersey Residents" (New Jersey Department of Health). Revision as printed: none. Read 2026-11-13. [https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf](https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf)

### Covering the floor: the state's preference

The same guide says what to do with an old and worn tile floor. The publisher of this site sells flooring materials, including the categories these pages mention.

> The asbestos in these tiles is tightly bound in the matrix of the tile and won't release fibers easily. Don't scrape, sand, or cut these tiles. If the floor is old and worn, it is safer, easier and more economical to cover the tile rather than remove it.

Source: page 8, "Vinyl Floor Tiles and Sheet Flooring". Document: "Asbestos: A Guide for New Jersey Residents" (New Jersey Department of Health). Revision as printed: none. Read 2026-11-13. [https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf](https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf)

The guide also says no state or federal law requires removing asbestos in your home.

> There are no state or federal laws that require you to remove asbestos in your home.

Source: page 5, box "Do I have to remove the asbestos?". Document: "Asbestos: A Guide for New Jersey Residents" (New Jersey Department of Health). Revision as printed: none. Read 2026-11-13. [https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf](https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf)

### Finding out whether a floor contains asbestos

NJDOH's guide names a laboratory test.

> To determine the presence of asbestos, it is recommended that a sample of the material be taken to a laboratory that is accredited by either the American Industrial Hygiene Association … or the National Voluntary Laboratory Accreditation Program.

Source: page 5, "How can I know if a something contains asbestos?". Document: "Asbestos: A Guide for New Jersey Residents" (New Jersey Department of Health). Revision as printed: none. Read 2026-11-13. [https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf](https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf)

NJDOH's FAQ was asked whether asbestos inspectors, management planners and project designers must be licensed by New Jersey.

> No, New Jersey has no regulations that require state certification for these disciplines.

Source: question "Are there requirements for asbestos inspectors, management planners, and project designers to be licensed by NJ?". Document: "Asbestos FAQ" (New Jersey Department of Health). Revision as printed: "Last Reviewed: 3/27/2025". Read 2026-11-13. [https://www.nj.gov/health/ceohs/asbestos/asbestos-faq/](https://www.nj.gov/health/ceohs/asbestos/asbestos-faq/)

### Who may remove asbestos from a home

Two state agencies have written about a homeowner doing this work. NJDOH's FAQ says no regulation forbids it and advises against it.

> Technically, there are no regulations that forbid a homeowner from removing asbestos in their own home themselves, but we strongly advise against it …

Source: question "Can I remove the asbestos in my home myself?". Document: "Asbestos FAQ" (New Jersey Department of Health). Revision as printed: "Last Reviewed: 3/27/2025". Read 2026-11-13. [https://www.nj.gov/health/ceohs/asbestos/asbestos-faq/](https://www.nj.gov/health/ceohs/asbestos/asbestos-faq/)

A 2013 notice from the Department of Community Affairs (DCA), written after Hurricane Sandy, says a homeowner is not required to be licensed. It also recommends licensed professionals.

> If anyone but the homeowner removes the asbestos, they must be licensed by the Department of Labor. This includes volunteers. Extensive training is required, including how to use personal protection equipment. While a homeowner is not required to be licensed, we recommend that only licensed professionals remove asbestos.

Source: page 1, "SUMMARY". Document: "Disposing of Asbestos Containing Materials from Structures Impacted by Hurricane Sandy" (Department of Community Affairs). Revision as printed: "JANUARY 31, 2013". Read 2026-11-13. [https://www.nj.gov/dca/announcements/pdf/20130131asbestosinfo3.pdf](https://www.nj.gov/dca/announcements/pdf/20130131asbestosinfo3.pdf)

NJDOH's current asbestos program page has a sentence that reads the other way. In context, it describes contractor licensing and does not mention homeowners.

> All asbestos abatement work must be conducted by a DOLWD- licensed asbestos abatement contractor.

Source: contractor licensing paragraph. Document: "Asbestos" program page (New Jersey Department of Health). Revision as printed: "Last Reviewed: 1/23/2026". Read 2026-11-13. [https://www.nj.gov/health/ceohs/asbestos/](https://www.nj.gov/health/ceohs/asbestos/)

The licensing rule is one text with two numbers. The labor department cites it as N.J.A.C. 12:120, and the health department cites it as N.J.A.C. 8:60.

> These rules are a joint adoption of the Department of Labor and Workforce Development and the Department of Health and Senior Services.

Source: N.J.A.C. 12:120-1.1(c). Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (New Jersey Department of Labor and Workforce Development reprint; the reprint says it is "for ready reference only" and is not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

> This chapter, as a Department of Health and Senior Services rule, shall be known and may be cited as N.J.A.C. 8:60, Asbestos Licenses and Permits.

Source: N.J.A.C. 12:120-1.1(b). Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (NJDOL reprint, not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

The rule neither names nor excludes a homeowner. Its definition of an employer includes a person who directly performs the asbestos work.

> "Employer" means a body, board, person, corporation, partnership, proprietorship, joint venture, fund, authority or similar entity employing, permitting or suffering another to work or directly performing the asbestos work.

Source: N.J.A.C. 12:120-2.1, "Employer". Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (NJDOL reprint, not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

Its scope covers private buildings.

> Any public or private building, structure or equipment on which asbestos work is performed, except as provided in (b) below.

Source: N.J.A.C. 12:120-1.4(a)6. Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (NJDOL reprint, not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

Other lines treat the owner and the employer as separate parties.

> Every employer falling within the scope of this chapter, who performs any of the functions of application, enclosure, repair, removal or encapsulation of asbestos in any structure, or who enters into any contract with the owner or owner's representative for the employer to perform such work or services …

Source: N.J.A.C. 12:120-3.2(a). Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (NJDOL reprint, not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

This page does not call homeowner removal legal or illegal. The rule text does not settle it. The asbestos license comes from the Commissioner of Labor (N.J.S.A. 34:5A-36), so the New Jersey Department of Labor and Workforce Development (NJDOL) is the agency that can answer for a specific case.

### A contractor removing vinyl asbestos tile

The rule lets the health commissioner exempt some asbestos activities from the license requirements.

> The Commissioner of Health and Senior Services may exempt from the license requirements those designated asbestos-related activities based on sufficient data which indicates that no significant exposure exists to perform such activity. Such data shall be submitted to the Commissioner of Health and Senior Services for review at least 10 calendar days prior to the beginning of such work.

Source: N.J.A.C. 12:120-4.2(a). Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (NJDOL reprint, not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

> These exempted activities involve non-friable asbestos containing material that is not rendered friable by the activity.

Source: N.J.A.C. 12:120-4.2(b). Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (NJDOL reprint, not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

The rule defines vinyl asbestos tile as a set of flooring products. The exemption section itself does not name it.

> "Vinyl asbestos tile" or "VAT" is a term which is widely used in the asbestos analysis and abatement industry to refer to a variety of flooring products such as vinyl or asphalt asbestos floor tiles and resilient floor coverings.

Source: N.J.A.C. 12:120-2.1, "Vinyl asbestos tile". Document: N.J.A.C. 12:120 and N.J.S.A. 34:5A-32 et seq. (NJDOL reprint, not the official text). Revision as printed: no currency stamp; chapter expiration line "February 3, 2032". Read 2026-11-13. [https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml](https://www.nj.gov/labor/safetyandhealth/resources-support/laws-regulations/asbestosact.shtml)

NJDOH's guide for contractors names VAT removal as an activity that can be exempted.

> One activity which can be exempted from the permit and licensing requirements is the removal of vinyl asbestos floor tiles (VAT). To qualify for an exemption, contractors must comply with the guidance provided in this document.

Source: page 1, "Background". Document: "Removing Vinyl Asbestos Tile in New Jersey: A Contractor's Guide" (New Jersey Department of Health). Revision as printed: "Revised 12/2025". Read 2026-11-13. [https://www.nj.gov/health/ceohs/documents/asbestos/asb_vat_guide.pdf](https://www.nj.gov/health/ceohs/documents/asbestos/asb_vat_guide.pdf)

The guide also sets a notice period before each job.

> A Notification of Non-Friable Asbestos Work Activities form must be submitted 10 days in advance of the beginning of the job.

Source: page 4, "DOH Oversight". Document: "Removing Vinyl Asbestos Tile in New Jersey: A Contractor's Guide" (New Jersey Department of Health). Revision as printed: "Revised 12/2025". Read 2026-11-13. [https://www.nj.gov/health/ceohs/documents/asbestos/asb_vat_guide.pdf](https://www.nj.gov/health/ceohs/documents/asbestos/asb_vat_guide.pdf)

### The federal presumption for flooring installed in 1980 or earlier

The OSHA asbestos standard for construction work has a separate presumption written for flooring. The text says such flooring "must also be considered" as asbestos containing.

> Asphalt and vinyl flooring material installed no later than 1980 must also be considered as asbestos containing unless the employer, pursuant to paragraph (g)(8)(i)(I) of this section determines that it is not asbestos-containing.

Source: 29 CFR 1926.1101(k)(1)(i). Document: 1926.1101, Asbestos (Occupational Safety and Health Administration). Revision as printed: none. Read 2026-11-13. [https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.1101](https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.1101)

The same standard puts a duty on building and facility owners before covered work begins.

> Before work subject to this standard is begun, building and facility owners shall determine the presence, location, and quantity of ACM and/or PACM at the work site pursuant to paragraph (k)(1)(i) of this section.

Source: 29 CFR 1926.1101(k)(2)(i). Document: 1926.1101, Asbestos (Occupational Safety and Health Administration). Revision as printed: none. Read 2026-11-13. [https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.1101](https://www.osha.gov/laws-regs/regulations/standardnumber/1926/1926.1101)

### The construction code's asbestos subchapter

N.J.A.C. 5:23-8 covers asbestos hazard abatement projects. It binds the buildings it names, such as a private building with a day care center, nursery or educational facility. It also binds common areas leased by a public entity. For all other buildings it is advisory.

> Any private building that houses a day care center, nursery or educational facility shall be subject to this subchapter when an asbestos hazard abatement project takes place within the building or any part of the building

Source: N.J.A.C. 5:23-8.1(c)1. Document: N.J.A.C. 5:23 Subchapter 8, Asbestos Hazard Abatement Subcode (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 16, August 17, 2026". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_23_8.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_23_8.pdf)

> Until further action is taken, this subchapter remains advisory for all other buildings and structures in the State.

Source: N.J.A.C. 5:23-8.1(d). Document: N.J.A.C. 5:23 Subchapter 8, Asbestos Hazard Abatement Subcode (Department of Community Affairs PDF). Revision as printed: "This file includes all Regulations adopted and published through the New Jersey Register, Vol. 58 No. 16, August 17, 2026". Read 2026-11-13. [https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_23_8.pdf](https://www.nj.gov/dca/codes/codreg/pdf_regs/njac_5_23_8.pdf)

### Disposal: waste ID 27A

N.J.A.C. 7:26-2.12(a) sets a disposal standard for generators of asbestos-containing waste.

> Generators of asbestos-containing waste materials, including sources subject to 40 C.F.R. 61.142, 61.144, 61.145, 61.146, and 147, shall comply with the standards for waste disposal at 40 C.F.R. 61.149 and 40 C.F.R. 61.150.

Source: N.J.A.C. 7:26-2.12(a). Document: N.J.A.C. 7:26, subchapter 2 (New Jersey Department of Environmental Protection courtesy copy, not the official text). Revision as printed: "Effective date: July 31, 2023; Expiration date: May 22, 2030". Read 2026-11-13. [https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-2.pdf](https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-2.pdf)

The rule defines that waste by its source, through a federal rule.

> "Asbestos-containing waste materials" or "ACWM" means mill tailings or any waste that contains commercial asbestos and is generated by a source subject to the provisions of 40 C.F.R. 61.140.

Source: N.J.A.C. 7:26-1.4, "Asbestos-containing waste materials". Document: N.J.A.C. 7:26, subchapter 1 (NJDEP courtesy copy, not the official text). Revision as printed: "Effective date: July 31, 2023; Expiration date: May 22, 2030". Read 2026-11-13. [https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-1.pdf](https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-1.pdf)

The federal definition of a facility leaves out small residential buildings.

> Facility means any institutional, commercial, public, industrial, or residential structure, installation, or building (including any structure, installation, or building containing condominiums or individual dwelling units operated as a residential cooperative, but excluding residential buildings having four or fewer dwelling units); any ship; and any active or inactive waste disposal site.

Source: 40 CFR 61.141, definition "Facility". Document: 40 CFR 61.141, Definitions (Electronic Code of Federal Regulations). Revision as printed: not recorded. Read 2026-11-13. [https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-40?part=61&section=61.141](https://www.ecfr.gov/api/renderer/v1/content/enhanced/current/title-40?part=61&section=61.141)

The 2013 DCA notice reads the disposal procedures as applying to homeowners too.

> The asbestos packaging and disposal procedures issued by the NJDEP, NJDOL and the appropriate local and county entities apply to everyone, including the homeowner.

Source: page 2. Document: "Disposing of Asbestos Containing Materials from Structures Impacted by Hurricane Sandy" (Department of Community Affairs). Revision as printed: "JANUARY 31, 2013". Read 2026-11-13. [https://www.nj.gov/dca/announcements/pdf/20130131asbestosinfo3.pdf](https://www.nj.gov/dca/announcements/pdf/20130131asbestosinfo3.pdf)

N.J.A.C. 7:26 names asbestos floor tile and sheet vinyl and places them in Category I nonfriable material.

> "Resilient floor covering" means asbestos-containing floor tile, including asphalt and vinyl floor tile, and sheet vinyl floor covering containing more than one percent asbestos

Source: N.J.A.C. 7:26-1.4, "Resilient floor covering". Document: N.J.A.C. 7:26, subchapter 1 (NJDEP courtesy copy, not the official text). Revision as printed: "Effective date: July 31, 2023; Expiration date: May 22, 2030". Read 2026-11-13. [https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-1.pdf](https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-1.pdf)

> "Category I nonfriable asbestos-containing material" means asbestos-containing packings, gaskets, resilient floor covering, and asphalt roofing products containing more than one percent asbestos

Source: N.J.A.C. 7:26-1.4, "Category I nonfriable asbestos-containing material". Document: N.J.A.C. 7:26, subchapter 1 (NJDEP courtesy copy, not the official text). Revision as printed: "Effective date: July 31, 2023; Expiration date: May 22, 2030". Read 2026-11-13. [https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-1.pdf](https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-1.pdf)

The waste ID the rule text gives for asbestos waste is 27A.

> 27A Waste material consisting of asbestos or asbestos containing waste.

Source: N.J.A.C. 7:26-2.13(g), waste ID 27A. Document: N.J.A.C. 7:26, subchapter 2 (NJDEP courtesy copy, not the official text). Revision as printed: "Effective date: July 31, 2023; Expiration date: May 22, 2030". Read 2026-11-13. [https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-2.pdf](https://dep.nj.gov/wp-content/uploads/dshw/dswmrules/26-chapter-2.pdf)

NJDOH's guide for residents sends disposal questions to NJDEP.

> To ensure that the asbestos waste is disposed of properly, contact the NJ Department of Environmental Protection …

Source: page 17, "Disposing of asbestos waste". Document: "Asbestos: A Guide for New Jersey Residents" (New Jersey Department of Health). Revision as printed: none. Read 2026-11-13. [https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf](https://nj.gov/health/ceohs/documents/asbestos/asb_in_home.pdf)

## What these texts do not say

- Whether a homeowner may lawfully remove asbestos from their own home. NJDOH and DCA read the rules as allowing it. The rule text neither names nor excludes a homeowner. NJDOH's program page says all abatement work must be done by a licensed contractor; that paragraph is about contractor licensing and does not mention homeowners.

- Whether a homeowner must have a floor tested before covering it or working on it. No text read names a homeowner for this. The OSHA standard quoted above presumes asbestos in flooring installed in 1980 or earlier and puts a duty on building and facility owners before work subject to that standard begins. The texts read do not say how that applies to a homeowner, either working alone or hiring a contractor.

- Whether the N.J.A.C. 7:26-2.12 disposal standard reaches a homeowner removing their own floor. That depends on the federal source definitions; only the 2013 DCA notice says the procedures apply to homeowners.

- Any waste ID for floor tile other than 27A. An NJDEP guidance page on asbestos waste could not be read on the check date, so this page gives only the ID named in the rule text.

- Whether the health department's own text of N.J.A.C. 8:60 matches the labor department reprint quoted here. That was not checked.

- How to remove, pack or dispose of asbestos flooring. This page gives no steps, tools or methods. The contractor exemption depends on the method in NJDOH's contractor guide, which this page does not reproduce.

- What any of this means for your own building. This page is not legal advice.

Last checked: 2026-11-13

## Disclosure

The publisher of this site is a flooring retailer. It sells flooring materials, including the categories these pages mention.

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