§ 1-109 Abatement from Vertical Exterior Surfaces.

All applicable sections of these rules shall be followed in conjunction with this section except 15 RCNY § 1-81(m), § 1-81(p), § 1-91, and § 1-112(c), (d), (e), (g), and (h).

This section shall apply to projects involving the abatement of asbestos-containing materials from the vertical exterior surfaces (and associated horizontal surfaces, e.g. coping stones on top of a parapet wall) of a building or structure, including but not limited to the following materials:

   Caulking or glazing compounds
   Asphaltic mastic or tar (e.g., flashing on parapet walls)
   Cement siding or shingles (including Transite)
   Paints
   Sealants for coping stone caps or clay roofing tiles

   (a)   The work area shall be prepared as follows:

      (1)   The entire surface to be abated and ground-level perimeter shall be considered the work area unless partitions and warning tape are used to define the work area, except that if the horizontal surface below the surface to be abated is not the ground (e.g., surface to be abated is inside parapet wall on roof), the horizontal surface underneath the abatement shall be considered the work area, not the ground.

      (2)   A restricted area shall be established using warning tape extending at least 25 feet from the affected areas of the building or to the nearest vertical obstruction or the curb.

      (3)   The restricted area may be entered only by certified workers or authorized visitors.

      (4)   Before plasticizing, the restricted area shall be inspected for ACM debris and, if necessary, pre-cleaned using HEPA vacuums and wet methods.

      (5)   All openings to the building or structure's interior which are within 25 feet of the affected ACM shall be closed and made airtight.

      (6)   Scaffolding erected to access the ACM shall be constructed, maintained, and used in accordance with applicable federal, state, and city laws. The contractor must comply with the requirements set forth in OSHA 29 C.F.R. 1926. Subpart M, Fall Protection and Subpart L (Scaffolds) and the NYC Building Code.

      (7)   Elevated platforms being used to access the affected ACM shall be plasticized with two layers of fire-retardant 6-mil plastic, which shall extend up from the platform to at least the height of the mid-rail on three sides, and shall be attached directly to the building just below the surfaces under abatement.

      (8)   The ground-level restricted area shall be cleared of all moveable objects and plasticized with two sheets of fire-retardant 6-mil plastic, which shall be extended one foot up the side of the building. The plasticized area shall be twenty-five feet wide or to the curb. This plastic shall be cleaned, replaced, and disposed of as asbestos waste at the end of each shift.

      (9)   Sidewalk bridges in the restricted area shall be covered with two layers of fire-retardant 6-mil plastic, placed over and secured to the bridge, spread across the full width of the bridge and up the interior walls of the bridge so the walls are fully plasticized.

   (b)   A worker/waste decontamination system shall be constructed within the restricted area.

   (c)   Persons entering the work area must wear personal protective equipment as required by 15 RCNY § 1-51.

   (d)   Removal Procedure. 

      (1)   Removal of ACM must be by wet methods in accordance with 15 RCNY § 1-102.

      (2)   ACM removed must be placed in a leak-tight container without dropping the ACM into the container.

   (e)   Cleanup Procedure. 

      (1)   The stripped substrate must be HEPA vacuumed and wet-wiped.

      (2)   A visual clearance inspection must be conducted by the asbestos handler supervisor and project monitor after the work area dries, to ensure the absence of ACM residue or debris in the work area.

      (3)   After the inspection is completed, the warning tapes and barriers may be removed.

      (4)   The clearance inspection must be documented in the abatement contractor's log and the project air sampling log.

   (f)   Air monitoring must be conducted in accordance with the relevant provisions of Subchapter D of these rules.

   (g)   Abatement must not be performed under this section during bad weather (e.g. precipitation, high winds, temperatures in the immediate outdoor surroundings below 32 degrees Fahrenheit, etc.).

   (h)   Power tools used to drill, cut into, or otherwise disturb ACM must be equipped with HEPA-filtered local exhaust ventilation and operated to prevent potential fiber release.

(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)

§ 1-110 Controlled Demolition with Asbestos in Place.

   (a)   A building or structure may be demolished with asbestos in place only if the building is in imminent danger of collapse as set forth in § 28-215.1 of Title 28 of the Administrative Code and/or 56 NYCRR 11.5(c).

   (b)   A condemnation order or declaration issued by the Department of Buildings (DOB) or a signed and sealed condemnation letter from the Owner's registered design professional which has been acknowledged by the Department of Buildings (DOB) must be submitted to the DEP through the ARTS E-File system. A site-specific scope of work identifying the steps to control asbestos emissions during the controlled demolition must be submitted and approved by DEP prior to the commencement of work. The contractor must comply with all procedures set forth in the approved scope of work document. Any variation from the approved scope of work must be approved in advance by DEP.

   (c)   The demolition shall be performed in accordance with § 28-215.1 of Title 28 of the Administrative Code and/or 56 NYCRR 11.5(c).

(Amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)

Part 5: Clean-up Procedures

§ 1-111 Preliminary Clean-up Procedures.

The following clean-up requirements shall be followed during the conduct of abatement activities on asbestos projects:

   (a)   (1)   All waste generated shall be bagged, wrapped or containerized immediately upon removal. The personal and waste decontamination enclosure systems and floor and scaffold surfaces shall be HEPA vacuumed and wet cleaned at the end of each work shift at a minimum.

      (2)   Visible accumulations of asbestos-containing waste material shall be containerized utilizing non-metallic dust pans and non-metallic squeegees or HEPA vacuums.

      (3)   Metal shovels shall not be used to pick up or move accumulated asbestos-containing waste material or any other debris in the vicinity of isolation or surface barriers.

   (b)   The waste decontamination enclosure system shall be wet cleaned twice using wet cleaning methods upon completion of waste removal. When the worker decontamination enclosure shower room alternates as a waste container wash room, the shower room shall be washed immediately with cloths or mops saturated with a detergent solution prior to wet cleaning.

   (c)   The worker decontamination enclosure system shall be wet cleaned / HEPA vacuumed, as appropriate, after each shift change and meal break.

   (d)   If there is free standing water or if flooding occurs in the work area, work must stop until the water is collected and safely and properly removed.

(Amended City Record 12/7/2018, eff. 1/6/2019)

§ 1-112 Additional Clean-up Procedures (Final).

Additional clean-up procedures shall be performed in the order set forth below prior to commencement of clearance air monitoring.

   (a)   After removal of visible accumulations of asbestos-containing waste material, all surfaces must be HEPA vacuumed. To pick up excess water and saturated debris, a wet-dry shop HEPA vacuum, dedicated to asbestos abatement, may be used.

   (b)   All surfaces in the work area shall be wet cleaned (first cleaning).

   (c)   A thin coat of lockdown encapsulant shall be applied to all surfaces in the work area which were not the subject of removal or abatement, including the cleaned layer of the surface barriers and excluding sprinklers, standpipes, and other active elements of the fire suppression system.

   (d)   After the first cleaning, the work area shall be vacated for 12 hours to allow fibers to settle.

   (e)   The cleaned and encapsulated layer of the surface barriers shall be removed from the walls and floors.

   (f)   All objects and surfaces in the work area shall be HEPA vacuumed and wet cleaned a second time.

   (g)   After the second cleaning, the work area shall be vacated for 4 hours before wet cleaning and/or HEPA vacuuming all surfaces in the work area for a third cleaning.

   (h)   After the plastic barriers on the walls and floors have been removed, a third cleaning shall be performed of all surfaces in the work area by wet cleaning and/or HEPA vacuuming. A minimum of a one hour waiting period shall be conducted to allow the work area to dry prior to the visual inspection by the air monitor and asbestos supervisor.

   (i)   Before starting clearance air monitoring, a thorough visual inspection must be conducted to verify the absence of asbestos-containing waste material (e.g. dust). This inspection must be documented in the project air sampling log.

   (j)   All containerized waste shall be removed from the work area through the decontamination enclosures and the holding area.

   (k)   All tools and equipment shall be removed from the work area and decontaminated in the waste decontamination enclosure system. Cloths, mops, and other cleaning aids shall be disposed of as asbestos-containing waste material.

   (l)   After successful clearance air monitoring (see 15 RCNY §§ 1-31 et seq.), the isolation barriers shall be removed and the remaining worker and waste decontamination enclosure(s) must be dismantled and removed from the work site. All plastic sheeting must be cleaned using a HEPA vacuum and disposed of as asbestos contaminated waste.

   (m)   Within 21 days of the completion of all steps set forth above, including successful clearance air monitoring, a project monitor’s report (Form ACP15) must be submitted to DEP. Failure to submit the ACP15 Form will result in suspension of the air monitor’s account and the contractor’s account in the ARTS E-File System until the form is submitted. This report must be based on an inspection performed after the completion of all steps listed in this section, and may not be based on the visual inspection performed prior to the commencement of clearance air monitoring. This inspection must be documented in the project air sampling log. The project monitor who prepares the report must be independent of the abatement contractor. If a project is being performed on multiple floors of a building, a separate project monitor’s report may be submitted as each floor is completed. Compliance with this subdivision is the responsibility of the building owner.

(Amended City Record 12/7/2018, eff. 1/6/2019 amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)

Subchapter G: Pre-Demolition Abatement Activity Procedures

Part 1: Applicability

§ 1-120 Applicability of Regulations to Pre-Demolition Abatement Activities.

The following regulations shall apply to pre-demolition abatement activities:

15 RCNY §§ 1-01 through 1-61	General Regulations
15 RCNY § 1-81*	Work Place Preparation Requirements
15 RCNY § 1-82	Worker Decontamination Enclosure System
15 RCNY § 1-83	Waste Decontamination Enclosure System
15 RCNY § 1-91 through 1-94	Work Place Procedures
15 RCNY § 1-102	ACM Disturbance, Handling and Removal Procedures
15 RCNY § 1-105	Glovebag Procedure
15 RCNY § 1-106	Tent Procedure
15 RCNY § 1-107	Foam Procedure for Roof Removal
15 RCNY § 1-108	Foam/Viscous Liquid Use in Flooring Removal
15 RCNY § 1-109	Abatement from Vertical Exterior Surfaces
15 RCNY § 1-120 through 1-128	Pre-Demolition Abatement Activity Procedures

 

* Subsections (b), (j), (l), (u), (v) and (z) only.

(Amended City Record 12/7/2018, eff. 1/6/2019)

Part 2: Work Procedures