July 2, 1999
Regulatory Interpretation Memorandum
Procedures, Start Date Definition, Order of Work, Access for Inspections,
This regulatory interpretation has been prepared in response to inquiries
and requests for clarification of Title 15 Chapter 1 of the Rules of the
City of New York asbestos project notification requirements and procedures.
Definition of Project Start Date: For the purposes of determining
whether there has been compliance with the start date requirements of
Section 1-25(d) of the regulations, the Department considers an asbestos
project to have started when the worker decontamination enclosure system
is installed and functional. An asbestos project is not considered to
have started with mobilization activities such as unloading of supplies
or construction of the worker decontamination enclosure system. (Note:
A decontamination enclosure system may be constructed off site and installed
at the site.) The construction of the unit is not considered the start
of the project; however, the installation of the unit at the work place
is considered the start of the project. In order to be in compliance with
the regulations, the worker decontamination enclosure system should be
installed and functional on the start date stated on the ACP 7 (Asbestos
Inspection Report), previously filed ACP8 (amendment form), or Form G
when a variance has been requested.
Work involving a Variance Application: For projects involving
a variance, the decontamination enclosure systems shall be constructed
only after variance approval is granted. Abatement activities shall not
commence prior to receipt of the Department’s written approval of
the variance application. If awaiting a variance approval results in a
change in start date, then the start date specified on Form G supersedes
the start date on the ACP 7. A change in start date via Form G is not
considered an amendment to the ACP 7; an ACP 8 should not be filed. Any
change to the start date specified in the Department’s approval
letter must be reported using an ACP 8. Non-variance work (if any) must
begin on the date indicated on the ACP7.
Start Date Changes: When Technical Review Notifications receives
an ACP 8 form attempting to amend the start date after the original start
date, the ACP 8 is rejected. The modification of the start date provided
in any notification submitted to the Department must be received by the
original start date. Thereafter a new notification is required. The new
notification shall be submitted directly to the Department one week in
advance of the start of work along with the appropriate filing fee.
Postponed (On Hold) Projects: Notification of the new start date
must be received by the Department at least 24 hours prior to the start
of the project using Form ACP8.
Amendments: A notification may be modified no more than twice.
Note: ACP 8 forms may be faxed to the Department if the only change is
to the start date and/or completion date. (FAX #: 718 595-3648)
Order of Work: Work place preparation activities are to be performed
in the order specified in §1-81 of the Rules. Therefore, activities
inside the work area (except those required to be performed pursuant to
§1-81(c) involving shut down and lock out of electrical power) may
not be commenced until the worker decontamination enclosure system is
installed and functional.
Access: Parties filing ACP 7s should be aware that access to
the work site must be available during the dates and times indicated in
item 24 of the ACP 7, namely “Start Date”, “ Completion
Date” and “Asbestos Work Schedule”. This is true even
if the project is completed prior to the projected completion date.
In-plant Operations: New York State Department of Labor (NYSDOL)
Industrial Code 56 (ICR 56) § 56-3.1: In-Plant Operations are not
permitted within the City of New York.