Every owner of a building where asbestos abatement activity occurs is responsible for the performance of the asbestos abatement activities by his/her agent, contractor, employee, or other representative. Each building owner is responsible for determining the amount of asbestos-containing material that may be disturbed during the course of work.
The size and scope of the overall project, with particular reference to the total amount of asbestos-containing material that will be disturbed determines the reporting or filing requirements established in the Asbestos Control Program Rules. An asbestos project is defined as any form of work that will disturb more than 25 linear feet or more than 10 square feet of asbestos-containing material.
Abatement Activity Forms
Form ACP5, "Not an Asbestos Project" Notification
If the work for which a Department of Buildings permit is sought is not an asbestos project, a NYC- certified asbestos investigator must complete, sign, and affix his or her seal to the "Not an Asbestos Project" form. The form must be submitted in triplicate with an additional fee of $15.00 and the permit application or plan approval to the NYC Buildings Department.
ACP5 Form (PDF)
ACP5 Instruction Sheet (PDF)
Asbestos Investigator Compliance Guide
Form ACP7, "Asbestos Inspection Report" Asbestos Project Notification
If the cumulative total of all surfaces affected by the work for which a Department of Buildings' permit or plan approval is sought is an asbestos project, the Department's "Asbestos Inspection Report" must be submitted in triplicate to the NYC Buildings Department with the permit application and the appropriate department filing fee.
In circumstances where the filing for Buildings Department plan approval or permit issuance is not required, the notification of asbestos projects must be provided directly to the DEP. This applies to the removal, encapsulation, enclosure, or replacement of ACM; work in or into plenum spaces, removal of ACM structures and equipment, and other miscellaneous activities. Multiple copies are not required.
ACP7 Form (PDF)
(NOTE: If additional sheets are required for a project, please use " this file" (PDF) .)
ACP7 Instruction Sheet (PDF)
Asbestos Regulatory Interpretation Memorandum
Form ACP8, "Asbestos Project Amendment Form for Form ACP 7"
Modification of or deviation from the information provided in an ACP7 form must be reported immediately in writing to the Department of Environmental Protection if the change refers to the building owner, contractor, air monitoring firm, amount of ACM to be disturbed, the dates of the project, or the project location.
A notification may be modified no more than twice.
A modification is valid only if it is received by the DEP prior to the previously filed date of completion, except for start date changes that must be received by the original start date. Thereafter, a new notification submitted directly to the Department is required.
ACP8 Form (PDF)
ACP8 Instruction Sheet (PDF)
Form ACP9, "Asbestos Variance Application"
This form must be submitted by the building owner or authorized agent. Applications for any variance from asbestos control program rules or Part 56 of Title 12 of New York Codes, Rules and Regulations (Subpart 56-4 through 56-17) must be made directly to the Department of Environmental Protection at least two weeks prior to commencement of work. Work involving a variance may not commence prior to the receipt of Department approval of the application.
Applications must include required supporting documents. Specifically,
- 1. an identification of the portions of the rules for
which a variance is requested,
- 2. an explanation as to why the procedures required
by the rules cannot be used,
- 3. the alternative procedures the applicant will
employ to satisfy each requirement as modified, and
- 4. a copy of any ACP7 form previously filed.
ACP9 Form (PDF)
ACP9 Instruction Sheet (PDF)
DEP certifies asbestos handlers, restricted handlers, asbestos handler supervisors, and asbestos investigators. The minimum qualifications for each type of certificate are specified in the Asbestos Rules §1-11 through §1-17.
Every contractor and worker engaged in asbestos abatement activities must comply with the provisions of the Asbestos Rules except as otherwise specified.
To apply for a certification as an asbestos handler, restricted handlers, asbestos handler supervisors, and/or asbestos investigators, please follow the instructions below and complete and submit the appropriate forms to DEP.
Child Support Certification (PDF)
DMV Request for Photo (PDF)
See also, New York State DMV Local Offices and Proofs of Identity.
Withdrawal of Consent (PDF)
See also, Asbestos Certification Application Changes.
Individuals who engage in asbestos projects or in asbestos abatement activities on minor projects must be certified as asbestos handlers by DEP.
Individuals who are involved in the construction of the containment barriers of a work area (e.g. carpenters), or who otherwise enter the contained work area for a limited period of time to perform certain specialized tasks in preparation for, or ancillary to, the actual abatement (e.g. electricians) must be certified as restricted asbestos handlers by DEP. Restricted handlers may not perform abatement handling of asbestos-containing materials.
Asbestos Handler Supervisor
Individuals who supervise asbestos handlers must be certified by the Department as asbestos supervisors. At least one asbestos handler supervisor must be present at the work site while abatement activities are being conducted on an asbestos project. Certified asbestos supervisors must ensure that proper asbestos abatement procedures as well as individual safety procedures are being adhered to at all times. See also Enforcement of Asbestos Rules §1-01(c).
Appendix C (PDF)
Appendix F (PDF)
Individuals engaged in building survey and hazard assessment for asbestos must be certified as asbestos investigators by the Department.
Every investigator engaged to identify the presence and evaluate the condition of asbestos in a building or structure must comply with the provisions of the Asbestos Rules. See also, Asbestos Investigator Compliance Guide.
Appendix A (PDF)
Appendix B (PDF)
Appendix D (PDF)
Appendix E (PDF)
Announcements and Notices