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New York Asbestos Reporting Requirements

1-38 Asbestos Assessment Report – Asbestos Survey and Sampling Requirements.

   (a)   The asbestos survey shall at a minimum identify and assess the exact locations and quantities of ACM, PACM, and suspect miscellaneous ACM. The asbestos investigator is responsible for the identification and assessment of all types of ACM, PACM, and suspect miscellaneous ACM within each area, as indicated by the proposed scope of work or job description(s) indicated in the DOB permit applications or plans.

   (b)   The asbestos investigator shall assume that some or all of the areas investigated contain ACM, and for each area that is not assumed to contain ACM, must collect bulk samples and submit for analysis in accordance with 15 RCNY §§ 1-36(c), 1-37(a) and 1-44(c) and EPA publications 560/5-85-024 and 560/5-85-030A, and 40 C.F.R. Part 763.80, 763.85, and 763.86.

      (1)   PACM Sampling Requirements. 

         (a)   Surfacing Material. Surfacing material includes but is not limited to fireproofing, acoustical plaster, finish plasters and skim coats of joints. Surfacing materials must be sampled as follows:

            i.   At least 3 samples from each homogeneous area that is 1,000 square feet (sf) or less.

            ii.   At least 5 samples from each homogeneous area that is greater than 1,000 sf but that is 5,000 sf or less.

            iii.   At least 7 samples from each homogeneous area that is greater than 5,000 sf.

         (b)   Thermal System Insulation (TSI). TSI includes, but is not limited to, equipment insulation, boiler, breeching, boiler rope, duct, or tank insulation, cement or mortar used for boilers and refractory brick, piping and fitting insulation including but not limited to wrapped paper, aircell, millboard, rope, cork, preformed plaster, job molded plaster and coverings over fibrous glass insulation. TSI must be sampled as follows:

            i.   At least 3 samples from each homogeneous area of TSI.

            ii.   At least one sample from each homogeneous area of patched TSI if the patched section is less than 6 linear feet or 6 square feet.

            iii.   In a manner sufficient to determine if the material is ACM, for packed fittings such as elbows, valves, tees, etc.

            iv.   Samples are not required where the asbestos investigator has determined that the TSI is fiberglass, foam glass, rubber, or other non-asbestos-containing building material.

         (c)   Suspect Miscellaneous Materials. Other suspect miscellaneous materials including, but not limited to, insulation board, vapor barriers, coatings, non-metallic or non-wood roof decking, felts, cementitious board (transite), pipe (transite), flashing, shingles, galbestos, dust and debris, floor tiles, cove base, floor leveler compound, ceiling tile, vermiculite insulation, gaskets, seals, sealants (including for condensate control), vibration isolators, laboratory tables and hoods, chalkboards, pipe penetration packing and other fire-stopping materials, millboard, electrical wire insulation, fire curtains, fire blankets, fire doors, brakes and clutches, mastics, adhesives, glues, caulks, sheet flooring (linoleum), wallpaper, drywall, plasterboard, spackling/ joint compound, textured paint, grout, glazing compound, and terrazzo. Suspect miscellaneous materials must be sampled as follows: At least 2 samples shall be taken, or samples shall be taken in a manner sufficient to determine if the material is ACM.

 

An Asbestos Investigator handles asbestos sampling and sends it out for testing. An inspector will take samples from areas that will be disturbed during the proposed work. A laboratory test will determine if there is asbestos present.

If there is no asbestos, the agency who performed the sampling and testing will file an ACP5. An ACP5 indicates that there is no asbestos present. As an architect I would then include the ACP5 in my application to the department of buildings to proceed with getting approvals and a permit.

 

Building/structure asbestos survey requirements.

The asbestos survey shall include a thorough inspection for and identification of all PACM, suspect miscellaneous ACM, or asbestos material throughout the building/structure or portion thereof to be demolished, renovated, remodeled, or to have repair work. The required inspection shall be performed by a certified asbestos inspector, and, at a minimum, shall include identification of PACM, suspect miscellaneous ACM or asbestos material by all of the following methods:

(1) the review of building/structure plans and records, if available, for references to asbestos, ACM, PACM, suspect miscellaneous ACM or asbestos material used in construction, renovation or repair; and

(2) a visual inspection for PACM and suspect miscellaneous ACM throughout the building/structure or portion thereof to be demolished, renovated, remodeled, or repaired. For the purpose of this Part, all PACM and suspect miscellaneous ACM visually assessed shall be treated and handled as ACM and shall be assumed to be ACM, unless bulk sampling is conducted as per this section, standard EPA and OSHA accepted methods, including multi- layered systems sampling protocols; the subsequent analyses are performed by a laboratory that meets the requirements of section 56-4.2 of this Part; and the analyses satisfies both ELAP and Federal requirements, including multi-layered sample analyses, to document non-asbestos containing material.

(f) Building/structure asbestos survey information.

(1) The asbestos survey shall, at a minimum, identify and assess with due diligence, the locations, quantities, friability and conditions of all types of installations at the affected portion of the building/structure relative to the ACM, suspect miscellaneous ACM, PACM or asbestos material contained therein. The following list is not inclusive of all types of ACMs, it only summarizes typical ACMs. The certified asbestos inspector is responsible for identification and assessment of all types ACM, PACM, suspect miscellaneous ACM and asbestos material within the affected portion of the building/structure:

(i) PACM

(a) Surfacing treatments:

(1) fireproofing;

(2) acoustical plaster;

(3) finish plasters; and

(4) skim coats of joint compound.

(b) Thermal system insulation:

(1) equipment insulation;

(2) boiler, breeching, duct, or tank insulation, cement or mortar used for boilers and refractory brick; and

(3) piping and fitting insulations including but not limited to, wrapped paper, aircell, millboard, rope, cork, preformed plaster, job molded plaster and coverings over fibrous glass insulation.

(ii) SUSPECT MISCELLANEOUS ACM

(a) Roofing and siding miscellaneous materials:

(1) insulation board;

(2) vapor barriers;

(3) coatings;

(4) non-metallic or non-wood roof decking;

(5) felts;

(6) cementitious board (transite);

(7) flashing;

(8) shingles; and

(9) galbestos.

(b) Other miscellaneous materials:

(1) dust and debris;

(2) floor tile;

(3) cove base;

(4) floor leveler compound;

(5) ceiling tile;

(6) vermiculite insulationl

(7) gaskets, seals, sealants (including for condensate control);

(8) vibration isolators;

(9) laboratory tables and hoods;

(10) chalkboards;

(11) pipe penetration packing or other firestopping materials;

(12) cementitious pipe (transite);

(13) cementitious board (transite);

(14) electrical wire insulation;

(15) fire curtains;

(16) fire blankets;

(17) fire doors;

(18) brakes and clutches;

(19) mastics, adhesives and glues;

(20) caulks;

(21) sheet flooring (linoleum);

(22) wallpaper;

(23) drywall;

(24) plasterboard;

(25) spackling/joint compound;

(26) textured paint;

(27) grout;

(28) glazing compound;

(29) terrazzo; and

(30) boiler rope.

(2) All ACM, PACM, suspect miscellaneous ACM, or asbestos material reported under paragraph (1) of this subdivision shall include the location of the materials, an estimate of the quantities, types, friability and condition of the identified materials to be treated and handled as ACM. For the purpose of this Part, all PACM and suspect miscellaneous ACM visually assessed shall be treated and handled as ACM and shall be assumed to be ACM, unless bulk sampling is conducted as per this section, standard EPA and OSHA accepted methods, including multi-layered systems sampling protocols; the subsequent analyses are performed by a laboratory that meets the requirements of section 56-4.2 of this Part; and the analyses satisfies both ELAP and Federal requirements, including multi-layered sample analyses, to document non-asbestos containing material.

(3) The building/structure asbestos survey shall also include the building/structure name, address, the building/structure owner's name and address, the name and address of the owner's agent, the name of the firm performing the asbestos survey and a copy of the firm's current asbestos handling license, the names of the certified inspector(s) performing the survey and a copy of the current asbestos handling certificate for each inspector utilized, the dates of the asbestos survey, a listing of homogeneous areas identifying which ones are ACM, all laboratory analyses reports for bulk samples collected, and copies of the appropriate certifications for the laboratory used for analysis of samples taken during the asbestos survey.