Personnel Qualifications and Equipment Specifications

RCNY tit. 15, ch. 1, subch. D, pt. 2

in effect

15 RCNY § 1-36 Persons Qualified to Perform Sampling and Analysis.

§ 1-36 Persons Qualified to Perform Sampling and Analysis. (a) Sampling and analysis shall be performed by: (1) A third party who is contracted by the building owner, holds a current NYSDOL asbestos handling license, and is completely independent of all parties involved in the asbestos project. The third party who conducts air sampling on an asbestos project shall not be a subcontractor of the abatement contractor, and shall not have any business, personal, or other relationship with the abatement contractor. The building owner must select and hire the air monitoring company without recommendation or reference from the abatement contractor. It shall be a violation of this subsection, chargeable against the abatement contractor, the air monitoring company, and the building owner, for an air monitoring company to conduct air monitoring on an asbestos project where there is a business or personal relationship between the abatement contractor and the air monitoring company. It shall be considered prima facie evidence of a business or personal relationship between an abatement contractor and an air monitoring company when the same company performs air monitoring on all or virtually all of a given abatement contractor's projects. The person who conducts air sampling must be currently certified as a New York State Asbestos Project Air Sampling Technician when performing air sampling. Failure to have a valid certification based either on office records or upon request shall be a violation chargeable against the individual conducting the sampling; or (2) Sampling and analysis staff which may not be independent of the building owner but are independent of the abatement contractor involved in the asbestos project, but only if such staff: (i) performs in conjunction with a third-party quality assurance program in which 10 percent of the samples, except for bulk samples initially found to contain ACM, from each project are randomly selected and will be analyzed by both entities; and (ii) in the case of air sampling, possesses valid New York State Asbestos Project Air Sampling Technician Certification. (3) Sampling and analysis staff of a public service corporation with respect to asbestos projects that involve electric, steam or gas generation, distribution or transmission facilities provided that the requirements of subparagraphs (i) and (ii) of paragraph 2 of this section are complied with. (b) One air sampling technician must be present per three work areas in one work site to observe and maintain air sampling equipment for the duration of the air sample collection, except that if there are multiple work areas on the same floor, only one air sampling technician is required for that floor. (c) Bulk sample analysis (PLM or gravimetric reduction and TEM analysis) must be performed by laboratories with the appropriate accreditation in the ELAP. (d) Air Sample Analysis (PCM) must be performed by laboratories with the following qualifications: (1) Successful completion by the laboratory's active analysts of the NIOSH 582 training course which outlines the NIOSH 7400 method; and (2) Analysts with skills in the appropriate methodology and proficiency in the NIOSH PAT Program for PCM analysis; and (3) Accreditation in ELAP for the appropriate analytical method. (e) Air Sample Analysis (TEM) must be performed by analysts who possess skills in TEM analysis, are accredited in ELAP, and participate in an in-house quality assurance program using the National Institute of Standards and Technology (NIST SRM 1876 b) or traceable standard. (Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 8/21/2019, eff. 9/20/2019; amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)

15 RCNY § 1-37 Sampling Equipment Requirements.

§ 1-37 Sampling Equipment Requirements. (a) Bulk sampling requirements. (1) Bulk samples shall be taken by whatever method minimizes the potential for fiber release. (2) Any material which remains exposed as a result of the sampling procedure shall be sealed. (b) Area air sampling requirements. Area air sampling equipment for Phase Contrast Microscopy (PCM) shall be utilized in accordance with the equipment and sampling procedures specified within the NIOSH 7400 Method modified for area sampling. (c) Area air sampling equipment for Transmission Electron Microscopy (TEM) shall be utilized in accordance with the sampling procedures specified within 40 C.F.R. Part 763, Subpart E, Appendix A – Section II Mandatory Transmission Electron Microscopy Method, Subsection B - Sampling. (d) Air sampling pumps must have a constant controlled flow and must have the flow rate capacity to perform sampling as specified in these rules. A properly calibrated rotometer must be used to check the flow rate. A rotometer, along with its current calibration sheet, must be available at the work place for the duration of air sample collection. Primary and secondary calibration devices must be calibrated as per NYSDOH ELAP requirements. (e) Sampling pumps, cassettes, and tubing shall be checked before, during and after use. Cassettes must be labelled with a sample identification number prior to the commencement of air sampling. The sampling assembly shall be checked for leaks and occlusions throughout the shift and documented in the project air sampling log by the Asbestos Project Air Sampling Technician or project monitor. (f) A project air sampling log must be created and maintained in a permanently bound book by the air monitoring company. The project air sampling log must be available at the work site. A copy of the project air sampling log must be submitted to the department within 72 hours of request. The project air sampling log must contain the following information for all area air samples collected on the asbestos project: (1) Name of the company and the Asbestos Project Air Sampling Technician performing the project air sampling, per work shift or day for all area air samples collected. (2) Dates of project air sample collection, per work shift or day of area air samples, with appropriate reference to the work area to which the air samples apply. (3) Sample location sketch, showing the sample ID numbers, identifying all project air sample locations, per work shift or day of area air samples. The sketch must be made within one hour of the beginning of sample collection. (4) Flow rate primary or secondary calibration device identification number, method of flow rate primary or secondary device calibration and date of last calibration, per work shift or day of area air samples. (5) Flow rate of sampling pumps with pre and post calibration listed for each area air sample collected. (Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022)

15 RCNY § 1-38 Asbestos Assessment Report – Asbestos Survey and Sampling 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. (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/0-0-0-149338Fetched: 10/24/2026