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(a) The investigator shall apply for renewal of the certificate at least 60 days prior to the date of its expiration.
(b) The investigator shall submit the following items for renewal:
(1) A completed application provided by the Department accompanied by a fee of $250 payable to the Department; and
(2) Documentation of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Inspector Refresher course; and
(3) Documentation of a medical examination performed by a physician within the prior 12 months, which shall include at a minimum a pulmonary function test, evaluation of a recent chest x-ray and a physician's recommendation as to whether the applicant is able to wear a respirator in the performance of his/her job; and
(4) Documentation of a qualitative or quantitative fit test performed within the prior three months, which shall include brand name and type of respirator, date and location of test, and the signature of the industrial hygienist administering the test.
(i) Qualitative fit test may be used only for fit testing of half-mask negative pressure respirators.
(ii) Quantitative fit test shall be performed on all full-face negative pressure respirators.
(c) An applicant denied a certificate on any grounds other than failure to complete a certificate application or failure to meet the minimum requirements set forth in these rules may request a hearing before the commissioner or his/her designee to contest said denial by submitting a written request for such hearing within ten days of receipt of denial.
(d) If an asbestos investigator certificate is lost or stolen, the certificate holder must immediately notify the department. An application for a replacement must be made in writing and must include a notarized statement that the certificate was lost or stolen, a statement that the applicant understands that submittal of a false statement will subject him or her to penalties and other remedies under the law, and a fee of $50. A replacement certificate may only be obtained twice in any two-year validity period.
(Amended City Record 12/7/2018, eff. 1/6/2019)
(a) The restricted asbestos handler must apply for renewal of the certificate at least 60 days prior to the date of its expiration.
(b) Application for renewal must be made on a form approved by the department and must be accompanied by a fee of fifty dollars ($50).
(c) An applicant denied a certificate on any grounds other than failure to complete a certificate application or failure to meet the minimum requirements set forth in these rules may request a hearing before the commissioner or the commissioner's designee to contest that denial by submitting a written request for such hearing within ten days of receipt of the denial.
(d) If a restricted asbestos handler certificate is lost or stolen, the certificate holder must immediately notify the department. An application for a replacement must be made in writing and must include a notarized statement that the certificate was lost or stolen, a statement that the applicant understands that submittal of a false statement will subject him or her to penalties and other remedies under the law, and a fee of $50. A replacement certificate can only be obtained twice in any two-year validity period.
(Added City Record 12/7/2018, eff. 1/6/2019)
Subchapter C: Notifications, Permitting and Recordkeeping
(a) For the purpose of determining whether there has been compliance with any reporting or filing requirement established in 15 RCNY §§ 1-22 through 1-27, the size and scope of the overall project shall control, with particular reference to the total amount of asbestos-containing material which will be disturbed. Such requirements may not lawfully be avoided or lessened through the performance of work in incremental or piecemeal fashion.
(b) When alternative calculations (i.e., linear feet and square feet) of the size and scope of an asbestos project result in that project coming within the definition of more than one subclassification of asbestos project, the calculation with the higher absolute number shall determine the subclassification of asbestos project procedures to be followed.
(a) This section shall apply to applications for the following projects requiring permits to be issued by the Department of Buildings:
(1) Full demolitions.
(2) Alterations, renovations, or modifications.
(3) Plumbing work, except for the direct replacement of plumbing fixtures.
(b) In accordance with § 28-106.1 of the Administrative Code, the building owner or such owner's authorized agent must submit one of the following certifications to the Department of Buildings except as set forth below:
(1) Asbestos Assessment Report. If the building (or portions thereof) affected by the work are free of asbestos-containing material, ACM will not be disturbed by the work, or the amount of ACM to be abated constitutes a minor project, an asbestos assessment report (Form ACP-5) completed, signed, and sealed by a DEP-certified asbestos investigator, along with a fee of $47.00 must be submitted to DEP prior to construction document approval and to any amendment of the construction document approval which increases the scope of the project to include any surveyed area not previously covered.
(2) Asbestos Project Completion Form. If an asbestos project has been performed and satisfactorily completed in accordance with these rules, a copy of the asbestos project completion form (Form ACP21) issued to the building owner or its authorized representative by DEP must be submitted to DOB prior to the issuance of a DOB permit and to any amendment of the underlying construction document approval which increases the scope of the project to include any work area not previously covered.
(3) Asbestos Project Conditional Completion Form. If an asbestos project has been performed but would be subject to the procedures of 15 RCNY § 1-26(c)(2)(ii), a copy of the asbestos project conditional completion form (Form ACP20) issued to the building owner or its authorized representative by DEP must be submitted to DOB prior to the issuance of a DOB permit and to any amendment of the underlying construction document approval which increases the scope of the project to include any work area not previously covered.
(Amended City Record 12/7/2018, eff. 1/6/2019)
(a) As early as possible before an alteration, renovation, modification, demolition, or plumbing work takes place, or changes in such work occur, the building owner shall be responsible for having an asbestos survey performed by a DEP-certified asbestos investigator to determine the absence or presence of asbestos-containing material which may be disturbed during the course of the work. The owner of the building or authorized agent shall comply with the notification requirements of 15 RCNY § 1-25 regarding asbestos-containing material.
(b) Asbestos Exemption. Where the work to be performed requires a permit to be issued by the DOB, an asbestos exemption may be claimed by checking the appropriate boxes on the DOB permit application forms PW1 or LAA1, where the applicant for construction document approval certifies that:
(1) the permit sought does not involve the performance of any physical work, such as permits for zoning lot subdivisions, zoning lot reapportionment, or changes in the certificate of occupancy; or
(2) no existing building materials, as the term "building materials" is defined in these rules, are to be disturbed by the proposed work; or
(3) the activities being performed include work on one of the following: Awnings Cranes not anchored to building or structure Emergency power not involving hard wiring, e.g. battery packs Exterior concrete work (e.g. sidewalks, curb cuts, traffic islands) except if waterproofing compound is present Exterior scaffolding not anchored to building or structure Exterior trenching and drainage Ground-mounted flagpoles New storefronts in existing masonry openings (no disturbance of existing building) Radio antennas (free-standing towers) Relocating free-standing parking lot sheds Replacing rooftop air conditioning (no modification of ductwork or disturbance of building) Roadway asphalt Sealing unsafe or abandoned buildings with cinderblock and mortar Sidewalk sheds, bridges, fences, elevators, hoists and cafe signs (no penetration of building materials) Street furniture, e.g. candy or newsstands, bus shelters, kiosks Installation of new outdoor swimming pool Free-standing tents Erection of temporary structures (e.g. trailers) with electric/water lines only
(c) Asbestos Assessment Report (ACP-5 Form). If, after a survey performed by a DEP-certified asbestos investigator, it is determined that the building (or portion thereof) affected by the work is free of asbestos-containing material, the ACM present will not be disturbed by the work, or the amount of ACM to be abated constitutes a minor project, said asbestos investigator must complete, sign, and affix his or her seal to the asbestos assessment report (ACP-5 Form) which shall be submitted with a fee of $47.00 to DEP in accordance with 15 RCNY § 1-22(b)(1).
(d) Asbestos Project Completion Form. Where the work to be performed constitutes an asbestos project, an asbestos project notification (ACP-7 Form) shall be submitted to DEP in accordance with the provisions of 15 RCNY § 1-25. Upon completion of the asbestos project and submission of all required documentation to DEP, DEP shall issue an asbestos project completion form to the building owner or its authorized representative.
(Amended City Record 12/7/2018, eff. 1/6/2019)
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