(a) Permit required. An asbestos abatement permit authorizing the performance of construction work shall be required for asbestos projects involving one or more of the following activities:
(1) Obstruction of an exit door leading to an exit stair or the exterior of the building;
(2) Obstruction of an exterior fire escape or access to that fire escape;
(3) Obstruction of a fire-rated corridor leading to an exit door;
(4) Removal of handrails in an exit stair or ramp within the work area;
(5) Removal or dismantling of any fire alarm system component including any fire alarm-initiating device (e.g., smoke detectors, manual pull station) within the work area;
(6) Removal or dismantling of any exit sign, including directional signs, or any component of the exit lighting system, including photoluminescent exit path markings within the work area;
(7) Removal or dismantling of any part of a sprinkler system including piping or sprinkler heads within the work area;
(8) Removal or dismantling of any part of a standpipe system including fire pumps or valves within the work area;
(9) Any abatement activity to be performed within a building concurrently with the full demolition of such building or concurrently with the removal of one or more stories of such building.
(10) Removal of any non-load bearing/non-fire-resistance rated wall (greater than 45 square feet or 50 per cent of a given wall) within the work area;
(11) Any plumbing work other than the repair or replacement of plumbing fixtures within the work area;
(12) Removal of any fire-resistance rated portions of a wall, ceiling, floor, door, corridor, partition, or structural element enclosure including spray-on fire-resistance rated materials within the work area;
(13) Removal of any fire damper, smoke damper, fire stopping material, fire blocking, or draft stopping within fire-resistance rated assemblies or within concealed spaces;
(14) Obstruction of an interior stairway leading to an exit or exit passageway of a building;
(15) Any abatement activity to be performed within a work area located in a confined space.
(b) Work Place Safety Plan.
(1) Plan required. For projects requiring an asbestos abatement permit due to one or more of the activities listed in (a)(1) - (15), the building owner or its authorized representative must submit, together with the asbestos project notification, a work place safety plan (WPSP) and any other applicable construction documents, which must be prepared by a registered design professional, and a permit fee as specified in subsection (g). If the WPSP is being submitted, pursuant to subsection (a)(9), it must also set forth the sequencing of the proposed work. The WPSP may not be approved unless it provides for a buffer of four floors or an adequate buffer as determined by the commissioner between the abatement and the demolition or floor removal work.
(2) Work Place Safety Plan requirements. The WPSP must include, but not be limited to, the following items, depending on the size and scope of the asbestos project:
(i) Floor plans showing the locations of all asbestos project work areas and decontamination enclosure systems in the building.
(ii) Floor plans indicating the locations of any components of the fire alarm system which have been deactivated, and setting forth mitigation measures to be implemented for the duration of the project.
(iii) Floor plans indicating the locations of obstructed or removed exit signage and lighting and setting forth mitigation measures to be implemented for the duration of the project.
(iv) Floor plans indicating the locations of any obstructed means of egress or required exit and setting forth mitigation measures to be implemented for the duration of the project.
(v) Floor plans or riser diagrams indicating the locations of any disengaged or removed components of the fire protection system and setting forth mitigation measures to be undertaken for the duration of the project.
(vi) A written description of all measures taken to mitigate compromised fire protection systems or means of egress, including but not limited to surveillance by a fire watch and an action plan setting forth procedures to be taken for the safety of building occupants in the event of an emergency.
(vii) If the asbestos project is being performed in a building where any dwelling unit is to be occupied for the duration of the permit, the WPSP shall include a tenant protection plan as required by Chapter 1 of Title 28 of the Administrative Code.
(viii) A list of all non asbestos contractors who will perform work on the project.
(3) Approval. The documents submitted, pursuant to subsection (b) will be reviewed by DEP's asbestos technical review unit (A-TRU) and by any other relevant city agencies. Upon approval by A-TRU, DEP will issue an asbestos abatement permit to the building owner or its authorized representative, who must post a copy of the permit at the work place.
(4) Failure to comply with the approved WPSP is a violation of these rules.
(c) Inspections required.
(1) All inspections required, pursuant to Title 28 of the Administrative Code, including but not limited to special inspections required by Chapter 17 of the Building Code, must be performed by a registered design professional who is independent of the abatement contractor and hired by the building owner or that owner's authorized representative.
(2) A final inspection shall be performed by a registered design professional after all work authorized by the asbestos abatement permit is completed. The person performing the inspection shall note all failures to comply with the provisions of the Building Code or approved asbestos abatement permit and shall promptly notify the owner in writing. All defects noted in such inspection shall be corrected. The final inspection report shall either:
(i) confirm:
(A) that the construction work is complete, including the reinstallation or reactivation of any building fire safety or life safety component; and
(B) that any defects previously noted have been corrected; and
(C) that all required inspections were performed; and
(D) that the work is in substantial compliance with the approved asbestos abatement permit construction documents, the Building Code, and other applicable laws and rules; or
(ii) confirm:
(A) that the construction work does not return the building (or portion thereof) affected by the abatement project to a condition compliant with the Building Code and other applicable laws and rules, but that the registered design professional has reviewed an application for asbestos abatement permit construction documents approval that has been approved by the department of buildings, and the subsequent scope of work as approved will, upon completion, render all areas affected by the asbestos project in full compliance with the Building Code and all applicable laws and rules; and
(B) that any defects previously noted that are not addressed by the subsequent scope of work as approved by the department of buildings, have been corrected; and
(C) that all required inspections that are not addressed by the subsequent scope of work as approved by the department of buildings were performed; and
(D) that all completed work pursuant to an asbestos abatement permit is in substantial compliance with the approved asbestos abatement permit construction documents.
(3) Final inspection reports shall be filed with the DEP on A-TR1 form. Records of final inspections made by registered design professionals shall be maintained by such persons for a period of six years after final inspection, or for such other period as the commissioner shall require, and shall be made available within 72 hours. These records may be maintained in an electronic recordkeeping system instead of in paper form.
(d) Duration of Permit. An asbestos abatement permit shall expire upon the earlier of one year from the date of issuance or when terminated pursuant to one of the following:
(1) The holder of an asbestos abatement permit submits a final inspection report pursuant to (c)(2)(i).
(2) The holder of an asbestos abatement permit submits a final inspection report pursuant to (c)(2)(ii) and obtains a Department of Buildings permit for work which, when completed, will render all areas affected by the project fully compliant with the Building Code and all other applicable rules and laws.
(3) The expiration date of the asbestos project notification ACP-7 form.
(e) Failure to terminate asbestos abatement permit within year.
(1) Failure to terminate an asbestos abatement permit pursuant to subsection (d) within a year from the date of issuance of said permit shall be a violation subject to fine. Each 60-day period during which such violation continues to occur constitutes a separate offense that may be subject to a separate fine.
(2) If the holder of an asbestos abatement permit fails to terminate an asbestos abatement permit within a year from the date of issuance, the holder shall maintain the work area in a safe manner including but not limited to any mitigation measures set forth in the WPSP and shall not perform work.
(f) Insurance. Entities other than NYSDOL-licensed asbestos contractors performing work pursuant to an asbestos abatement permit which does not involve the disturbance of asbestos-containing materials shall maintain insurance of the same type and amount as would be required if the entity were working pursuant to a permit issued by the Department of Buildings.
(g) Permit fee. The WPSP, asbestos abatement permit construction documents, as applicable, shall be accompanied by a filing fee, as follows:
Project Size | Fee |
Small projects up to 99 linear feet or 49 square feet of ACM | $100 |
100 to 259 linear feet or 50 to 159 square feet of ACM | $300 |
Large projects up to 1,000 square/linear feet of ACM | $500 |
1,000 to 4,999 square/linear feet of ACM | $700 |
5,000 to 9,999 square/linear feet of ACM | $1,100 |
10,000 or more square/linear feet of ACM | $1,300 |
(h) Work covered by the asbestos abatement permit shall not commence until said permit is issued with a specified start date and posted with the approved WPSP by the applicant at the work place.
(i) If additional ACM is added to a project that has an approved WPSP, a registered design professional must submit a letter through the ARTS-E-file system affirming that the professional has visited the work place and that the additional asbestos abatement is consistent with the approved WPSP and that proposed changes will not impact egress or fire protection requirements.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)