(a) The commissioner shall establish a permit requirement for asbestos projects affecting the safety of a building. On and after a date to be provided in the rules establishing such a permit requirement, it shall be unlawful to commence or engage in such a project unless the commissioner has issued an abatement permit for such project.
(b) The rules shall be adopted in consultation with the fire commissioner and the commissioner of buildings and shall specify criteria for the issuance of such permits and requirements to enhance safety at the site of such projects. The criteria for the permit requirement shall include, but shall not be limited to, the effect of the project on the maintenance of the means of egress in the building in compliance with applicable provisions of the New York city construction codes, the New York city fire code and other applicable provisions of law, the effect of the project on the fire protection systems of the building and whether the project includes work performed only for the purpose of the asbestos project that may otherwise require a work permit from the department of buildings, such as but not limited to alteration work necessary to expose asbestos material for removal to the extent that such work would otherwise require a work permit pursuant to title 28 of the administrative code.
(c) Application for an asbestos permit shall be made to the department in such form and containing such information as shall be prescribed in the rules of the department. The fee for such permit shall be set forth in the rules of the department. Where the proposed asbestos project would involve construction work that would otherwise require a work permit from the department of buildings, construction documents, as defined in chapter 1 of title 28 of the administrative code, shall be part of the abatement permit application filed with the department of environmental protection, except where the submission of such documents is waived by the department of buildings in accordance with the provisions of section 28-104.7.12 of the administrative code. The commissioner of buildings, his or her duly authorized representative, or an employee of the department of environmental protection designated by the commissioner of buildings who is a qualified registered design professional with experience in building construction and design shall approve or accept such construction documents on behalf of the department of buildings in accordance with all applicable provisions of title 28 of the administrative code and no abatement permit shall be issued without such approval or acceptance.
(d) The commissioner may, on written notice to the permit holder, revoke any abatement permit for failure to comply with the provisions of this section or section 24-136 of this code or the rules adopted pursuant thereto or whenever there has been any false statement or any misrepresentation as to a material fact in the application or other documents submitted to the department upon the basis of which such permit was issued; or whenever an abatement permit has been issued in error and conditions are such that the permit should not have been issued. Such notice shall inform the permit holder of the reasons for the proposed revocation and that the applicant has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or 15 calendar days of mailing of the notice, information as to why the permit should not be revoked. The commissioner may immediately suspend any permit without prior notice to the permit holder when the commissioner has determined that an imminent peril to life or property exists. The commissioner shall forthwith notify the permit holder that the permit has been suspended and the reasons therefore, that it is proposed to be revoked, and that the permit holder has the right to present to the commissioner or his or her representative within 10 business days of delivery of the notice by hand or 15 calendar days of mailing of the notice information as to why the permit should not be revoked.
(e) The permit shall be posted as specified in the rules of the department for the duration of the asbestos project.
(f) All work shall conform to the approved or accepted construction documents, and any approved amendments thereto.
(g) The permittee shall comply with section 24-136 of this code and the rules of the department adopted pursuant to such section and with article 30 of the labor law and rules adopted pursuant to such article. The commissioner may issue a notice or order to stop work in accordance with the procedure set forth in subdivision (h) of section 24-136 of this code at any time when work is being performed in violation of this section or section 24-136 of this code or rules adopted pursuant to such sections and such work poses a threat to human safety.
(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)
Editor's note: this section formerly was codified as § 24-146.3 of subchapter 6 of this chapter.
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037.