July 2, 1999

Contact: (718-595-3693/3695)

Asbestos Regulatory Interpretation Memorandum

Notification Procedures, Start Date Definition, Order of Work, Access for Inspections, In-Plant Operations

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.