Asbestos Assessment Report – Asbestos Survey and Sampling Requirements.
15 RCNY § 1-38
in effect§ 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.
(d) Only persons certified by DEP as asbestos investigators or by NYSDOL as Asbestos Inspectors may select and collect bulk samples for analysis. NYSDOL-certified Asbestos Inspectors may only do so in the physical presence of and under the supervision of a DEP-certified asbestos investigator.
(Added City Record 12/7/2018, eff. 1/6/2019; amended City Record 1/15/2025, eff. 2/14/2025)
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/NYCrules/0-0-0-111768Fetched: 10/24/2026