Asbestos

NYC Admin. Code tit. 28, ch. 1, art. 106

in effect

NYC Admin. Code § 28-106.1 Asbestos certification required.

§ 28-106.1 Asbestos certification required. The commissioner shall not issue a permit for the demolition or alteration of a building constructed pursuant to plans submitted for approval on or before April 1, 1987, unless the applicant submits such certification relating to asbestos as may be required by the rules of the department of environmental protection or the commissioner of environmental protection has issued a variance. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037 and L.L. 2021/126.

NYC Admin. Code § 28-106.1.1 Full demolition permit.

§ 28-106.1.1 Full demolition permit. The commissioner shall not issue a full demolition permit unless the owner of the building provides certification in a form and manner to be provided in the rules of the department of environmental protection that (i) the building is free of asbestos containing material, or (ii) the commissioner of environmental protection, has issued a variance from this requirement in accordance with subdivision (m) of section 24-136 of the administrative code and the rules of the department of environmental protection, subject to the requirement that demolition work will be performed only in parts of the building that are certified free of asbestos containing material. The full demolition permit shall be subject to such additional conditions as the department of buildings may require of the permittee based on the size and complexity of the demolition work. Exception: This section shall not apply to full demolition performed as emergency work pursuant to article 215 of chapter 2 of this title where the emergency warrants immediate commencement of the work or full demolition with asbestos in place authorized pursuant to 12 NYCRR 56-11.5. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-106.1.2 Alteration permit for the removal of one or more stories.

§ 28-106.1.2 Alteration permit for the removal of one or more stories. The commissioner shall not issue an alteration permit for the removal of one or more stories of a building unless the owner of the building provides certification in a form and manner to be provided in the rules of the department of environmental protection that (i) the stories to be removed are free of asbestos containing material and that no abatement activities will be performed anywhere in the building concurrently with the removal work authorized by such permit or (ii) the commissioner of environmental protection has issued a variance from these requirements in accordance with subdivision (m) of section 24-136 of the administrative code and the rules of the department of environmental protection, subject to the requirement that work authorized by the alteration permit will be performed only in parts of the building that are certified free of asbestos containing material. The alteration permit shall be subject to such additional conditions as the department of buildings may require of the permittee based on the size and complexity of the work. Exception: Section 28-106.1.2 shall not apply to removal of one or more stories performed as emergency work pursuant to article 215 of chapter 2 of this title where the emergency warrants immediate commencement of the work. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

NYC Admin. Code § 28-106.2 Construction and maintenance of asbestos containment structures and other temporary structures or work required for asbestos abatement activities.

§ 28-106.2 Construction and maintenance of asbestos containment structures and other temporary structures or work required for asbestos abatement activities. Notwithstanding any other provision of this code, the construction and maintenance of asbestos containment structures, decontamination system enclosures and other temporary structures or work performed in the course of and only for the purpose of asbestos abatement activities shall comply with this section and the rules of the Department of Environmental Protection relating to such temporary structures and work and with Article 30 of the Labor Law and rules adopted pursuant to such article. Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037.

NYC Admin. Code § 28-106.2.1 Materials.

§ 28-106.2.1 Materials. The rules of the department of environmental protection relating to materials used in the construction of temporary structures for asbestos abatement activities shall contain a provision requiring such structures to be noncombustible or flame resistant in compliance with reference standard NFPA 255-06 or NFPA 701-99, as such standards may be modified by local law or by the Department of Buildings pursuant to applicable rules. (Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037 and L.L. 2023/077.

NYC Admin. Code § 28-106.3 Permit exemption.

§ 28-106.3 Permit exemption. Except as otherwise provided by rule, work performed in the course of and only for the purpose of an asbestos project that is required to be permitted pursuant to section 24-138 of the administrative code shall be exempt from the permit requirements of this code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037.

NYC Admin. Code § 28-106.4 Definitions.

§ 28-106.4 Definitions. For the purposes of this article, the terms "asbestos" and "asbestos project" shall have the meanings as are ascribed in section 24-136 of the administrative code. (Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2009/037.

Source: City of New York, Charter, Administrative Code and Rules (American Legal Publishing XML export, codelibrary.amlegal.com)URL: https://codelibrary.amlegal.com/codes/newyorkcity/latest/NYCadmin/0-0-0-156464Fetched: 10/24/2026