N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.6

Current through Register Vol. 46, No. 51, December 18, 2024

Section 56-3.6 - Notification of residential and business occupants

(a) Ten-day notice.

(1) The property owner and asbestos abatement contractor are responsible for ensuring that notice is provided to residential and business occupants. This notice may be provided by the property owner or by the asbestos abatement contractor or subcontractor engaged in the Phase II abatement portion of a project. The property owner, asbestos abatement contractor or subcontractor shall post or otherwise provide for a written notice to residential and business occupants of the building/structure, including visitors to the building/structure, 10 calendar days prior to the commencement of Phase II A work on any asbestos project within the building/structure. For projects being conducted in school buildings, the faculty, staff and students attending such school and visitors to the school shall be considered to be business occupants and shall receive notice as required in this Part.

(2) Notice - detail. The written notice shall be given to those business and residential occupants of a building/structure, or portion thereof, who are located on the floor or floors where the actual project is to be conducted, and one floor above and one floor below the floor or floors containing the project. In addition, such written notice shall also be given to those occupants of adjacent building/structures who have direct horizontal access to these floors. Posted notice shall be provided at all direct means of access to the floor, such as but not limited to stairways, ramps, emergency ingress or egress, elevators, escalators, ladders, hallways, corridors and trapdoors.

(b) Three-day notice (small and minor size asbestos projects only). If the Phase II A abatement work is scheduled to begin less than 10 calendar days after the execution of the contract, the property owner and asbestos abatement contractor shall post or otherwise provide written notice of any asbestos project to residential and business occupants in the building/structure where work shall be performed at least three calendar days prior to commencement of work.

(c) Other notice. If an emergency makes it impossible to provide the notice required by subdivision (a) or (b) of this section, the property owner and asbestos abatement contractor shall post or otherwise provide for written notice to residential and business occupants of the building/structure, as soon as practicable after identification of the project, in the manner set forth in section 56-3.5 of this Subpart.

(d) Duration of posting. Posted notices shall remain in place until completion of the project.

(e) Content. Each notice shall include the following information:

(1) the building/structure address and room location(s) or area designation of the asbestos project;

(2) the amounts and types of ACM, PACM or asbestos material, in square feet and/or linear feet, that is being handled, removed, enclosed, encapsulated, repaired or disturbed. Piping, fittings and associated insulation (excluding breeching and large [two foot or greater] diameter piping/fittings/associated insulation) are to be measured in linear feet;

(3) the commencement and completion dates of the asbestos project, including any intermediate portions of the project;

(4) the name and asbestos handling license number of the asbestos abatement contractor performing the project; and

(5) the name and address of the air monitor asbestos contractor and laboratory for the project.

(f) Noninterference. No person shall interfere with the obligations of the property owner and asbestos abatement contractor under this section.

N.Y. Comp. Codes R. & Regs. Tit. 12 §§ 56-3.6