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(a) Application for any variance must be made directly to the Department at least two weeks prior to the commencement of work. Work involving a variance may not commence prior to the receipt of the Department’s approval of the application. The applicant must pull an approved variance by entering a start date in the Department’s database, and must print out and post a copy of the variance at the work place.
(b) The Department's "Asbestos Variance Application" (ACP-9) form shall be prepared by a project designer and submitted by the building owner or authorized agent, and shall include the following information:
(1) Identification of those portions of the rules for which a variance is requested, providing each numbered section and subsection;
(2) Explanations as to why the procedures required by the rules cannot be used;
(3) A written proposal setting forth the alternative procedures the applicant will employ to satisfy each requirement as modified; and
(4) A copy of any asbestos project notification previously filed. If the applicant has not previously filed an asbestos project notification, such notification shall be filed with the application together with the applicable fee specified in 15 RCNY § 1-25(c).
(5) A sketch or drawing illustrating the proposed modification.
(c) For each variance application where the combined amount (total of both square and linear feet on the ACP-7) of ACM is less than 5,000 feet, payment of the variance processing fee shall accompany the application and shall conform with the payment schedule as follows:
(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e) below: $400 fee.
(2) For each additional subsection in any category listed in subsection (e): $200 fee.
(3) The maximum fee: $1,200.
(d) For each variance application where the combined amount (total of both square and linear feet on the ACP-7) of ACM is greater than or equal to 5,000 feet, payment of the variance processing fee shall accompany the application and shall conform with the payment schedule as follows:
(1) Request to modify no more than one lettered subsection in any section category listed in subsection (e): $600.
(2) For each additional subsection in any category listed in subsection (e): $300.
(3) The maximum fee: $1,800.
(e) Section categories shall be as follows:
NYC Asbestos Control Program Section #s
12 NYCRR Part 56 Section #s
Materials and Equipment
Work Place Preparation
Work Place Procedures
Pre-Demolition Abatement Activity Procedures
(f) Any variance from the prohibition on concurrent abatement and full demolition or story removal set forth in 15 RCNY § 1-126 shall only be approved after notification and consultation with FDNY and DOB.
(g) Any violation of the terms of any variance issued under this section shall be considered a violation of the lettered subdivision modified by the variance.
(h) An approved variance, except for a variance from subdivision b of 15 RCNY § 1-22, is valid for a period of six months from the start date. An application to renew an existing variance must be submitted to DEP two weeks prior to the expiration date of the variance.
(i) If the asbestos abatement contractor was the applicant for a variance, or if the building owner changes asbestos abatement contractors during the project, the variance application, and any written approval of the variance, are automatically canceled.
(Amended City Record 12/7/2018, eff. 1/6/2019)