A project may involve the removal or disturbance of Asbestos Containing Material (ACM). Pre-1987 buildings may have plumbing piping and equipment insulated with asbestos, or may contain walls, floors, ceiling tiles, roofing, etc. made with an ACM. These buildings, prior to permit, an asbestos assessment is required to determine whether the site is asbestos–free, has a minimally acceptable amount of ACM to not be an Asbestos Project, or requires asbestos abatement per NYC Department of Environmental Protection (DEP) rules and regulations.
Pursuant to DEP rules, applications for renovation projects shall comply with the following procedures with respect to the asbestos certification requirements.
In accordance with rules and regulations of the DEP, applicants must present an Asbestos Exemption Certification to the Department of Buildings (DOB), at intake of the project application, when:
For more information, see 15 RCNY section 1-23(b).
AC Section 28-106.1 of the Administrative Code exempts buildings constructed after April 1, 1987 from DEP requirements related to asbestos certification. So, for alteration projects involving buildings constructed after April 1, 1987, Asbestos Exemption Certification is possible and may be demonstrated to the Department during application intake. However, if any known Asbestos Containing Material (ACM) exists, that shall be disturbed because of the proposed work, such ACM must still be abated in accordance with DEP rules and regulations.
For applications for construction document approval that do not satisfy the conditions of the Asbestos Exemption Certification (see sections 1 and 2 of this document), asbestos investigations shall be conducted in accordance with DEP rules and regulations as follows:
Where the scope of the abatement work is not an Asbestos Project, as defined by DEP and determined by a Certified Asbestos Investigator (CAI), an Asbestos Assessment Report form ACP-5 shall be submitted to the DEP, and verified by DOB to proceed with obtaining a DOB permit.
Where the scope of work does constitute an Asbestos Project, as determined by a CAI, an Asbestos Project Notification form ACP-7 shall be submitted to the DEP. Upon completion of the asbestos work, DEP issues a combination of Asbestos Project Completion forms ACP-21, and/or an Asbestos Project Conditional Completion forms ACP-20, which must be submitted to DOB to proceed with the permit process. Full demolition applications require an ACP-5 form with only item 8(d) Entire Building is free of Asbestos Containing Material (ACM) checked, for DOB to proceed with the demolition permit process, with the exception of ATRU permitted simultaneous demo/abatement projects which may be permitted with a V5 variance.
Additionally, IED and EWO will need a DEP Emergency Notification to begin work and ED and Precepts DOB will accept an ACP-21 following an ACP-7 or an ACP-5 if building is asbestos free.
For more information, please refer to the Asbestos Technical Review Guidance document and for specific filing instructions on DEP's website.