§ 1-02 Definitions.
Abatement. "Abatement" shall mean any and all procedures physically taken to control fiber release from asbestos-containing materials. This includes removal, encapsulation, enclosure, cleanup and repair.
Abatement activities. "Abatement activities" shall mean all activities from the initiation of work area preparation through successful clearance air monitoring performed at the conclusion of an asbestos project or minor project.
Adequately wet. "Adequately wet" shall mean the complete penetration of a material with amended water to prevent the release of particulates. If visible emissions are observed coming from asbestos-containing material, then the material has not been adequately wetted. However, the absence of visible emissions is not evidence of being adequately wet. ACM must be fully penetrated with the wetting agent in order to be considered adequately wet. If the ACM being abated is resistant to amended water penetration, wetting agent shall be applied to the material prior to and during removal as necessary to minimize fiber release.
Aggressive sampling. "Aggressive sampling" shall mean a method of sampling in which the individual collecting the air sample creates activity by the use of mechanical equipment during the sampling period to stir up settled dust and simulate activity in that area of the building.
AHERA. "AHERA" shall mean the Asbestos Hazard Emergency Response Act of 1986.
AIHA. "AIHA" shall mean the American Industrial Hygiene Association.
Airlock. "Airlock" shall mean a system for permitting entrance and exit while restricting air movement between a contaminated area and an uncontaminated area. It consists of two curtained doorways separated by a distance of at least three feet such that one passes through one doorway into the airlock, allowing the doorway sheeting to overlap and close off the opening before proceeding through the second doorway, thereby preventing flow-through contamination.
Air sampling. "Air sampling" shall mean the process of measuring the fiber content of a known volume of air collected during a specific period of time. The procedure utilized for asbestos follows the NIOSH Standard Analytical Method 7400 or the provisional transmission electron microscopy methods developed by the USEPA and/or National Institute of Science and Technology which are utilized for lower detectability and specific fiber identification.
Airtight. "Airtight" shall mean secured and sealed utilizing 6 mil plastic sheeting and tape to make a barrier through which no air, dust or debris can be transferred.
Ambient air monitoring. "Ambient air monitoring" shall mean measurement or determination of airborne asbestos fiber concentrations outside but in the general vicinity of the worksite.
Amended water. "Amended water" shall mean water to which a surfactant has been added.
Amendment. "Amendment" shall mean the Form ACP-8 submitted to modify the asbestos project notification (Form ACP7) by changing information that was provided when the ACP7 was originally filed.
ANSI. "ANSI" shall mean the American National Standards Institute.
Area air sampling. "Area air sampling" shall mean any form of air sampling or monitoring where the sampling device is placed at some stationary location.
ARTS E-File. "ARTS E-File" shall mean the web-based filing system applicants utilize to submit, process, amend and close out asbestos project notifications; asbestos project variances; asbestos work permits; project monitor reports; and related documents to the DEP.
Asbestos. "Asbestos" shall mean any hydrated mineral silicate separable into commercially usable fibers, including but not limited to chrysotile (serpentine), amosite (cumingtonite-grunerite), crocidolite (riebeckite), tremolite, anthrophyllite and actinolite.
Asbestos-containing material. "Asbestos-containing material" (ACM) shall mean asbestos or any material containing more than one percent asbestos.
Asbestos-containing waste material. "Asbestos-containing waste material" shall mean asbestos-containing material or asbestos-contaminated objects requiring disposal.
Asbestos-contaminated objects. "Asbestos-contaminated objects" shall mean any objects which have been contaminated by asbestos or asbestos-containing material.
Asbestos assessment report. "Asbestos assessment report" shall mean the "Form ACP-5" form, as approved by DEP, by which a DEP-certified asbestos investigator certifies that a building or structure (or portion thereof) is free of ACM or the amount of ACM to be abated constitutes a minor project, or that ACM is present and will not be disturbed during construction activity.
Asbestos handler. "Asbestos handler" shall mean an individual certified by the Department who disturbs, removes, encapsulates, repairs, or encloses asbestos material.
Asbestos handler supervisor. "Asbestos handler supervisor" shall mean an individual certified by the Department who supervises the handlers during an asbestos project and ensures that proper asbestos abatement procedures as well as individual safety procedures are being adhered to.
Asbestos project notification. "Asbestos project notification" shall mean the "Form ACP-7" asbestos project notification form as approved by DEP.
Asbestos Project Air Sampling Technician. "Asbestos Project Air Sampling Technician" shall mean an individual who is certified by the NYS Department of Labor in accordance with 12 NYCRR 56.
Asbestos investigator. "Asbestos investigator" shall mean an individual certified by the Commissioner as having satisfactorily demonstrated his or her ability to identify the presence and evaluate the condition of asbestos in a building or structure.
Asbestos project. "Asbestos project" shall mean any form of work performed in a building or structure or in connection with the replacement or repair of equipment, pipes, or electrical equipment not located in a building or structure which will disturb (e.g., remove, enclose, encapsulate) more than 25 linear feet or more than 10 square feet of asbestos-containing material.
ASTM. "ASTM" shall mean the American Society For Testing and Materials.
Authorized visitor. "Authorized visitor" shall mean the building owner and his/her representative, and any representative of a regulatory or other agency having jurisdiction over the project.
Building owner. "Building owner" shall mean the person in whom legal title to the premises is vested unless the premises are held in land trust, in which instance building owner means the person in whom beneficial title is vested.
Building materials. "Building materials" shall mean any and all materials listed as Presumed Asbestos Containing Materials (PACM) and Suspect Miscellaneous ACM in NYSDOL ICR 56, including but not limited to interior and exterior finishes, equipment, plaster, roofing, flooring, caulking, sealants, tiles, insulation, and mortar and refractory bricks used in the construction of boilers.
Certified industrial hygienist. "Certified industrial hygienist" (CIH) shall mean an individual who is currently certified by the American Board of Industrial Hygiene.
Certified safety professional (CSP). "Certified safety professional" (CSP) shall mean an individual having a bachelor's degree from an accredited college or university and a minimum of four years experience as a safety professional and who has successfully completed both levels of the examination administered by the Board of Certified Safety Professionals and who is currently certified by that Board.
Chain of custody. "Chain of custody" shall mean the form or set of forms that document the collection and transfer of a sample, which must reflect the time and date of all transfers of that sample and identify each person that handles that sample by such person's printed full name and signature.
Clean room. "Clean room" shall mean an uncontaminated area or room which is part of the worker decontamination enclosure system with provisions for storage of workers' street clothes and protective equipment.
Clearance air monitoring. "Clearance air monitoring" shall mean the employment of aggressive sampling techniques with a volume of air collected to determine the airborne concentration of residual fibers, and shall be performed as the final abatement activity.
Commissioner. "Commissioner" shall mean the Commissioner of the New York City Department of Environmental Protection.
Containerize. "Containerize" shall mean the placing of asbestos-containing material in an acceptable container for disposal, as specified by these rules.
Contractor. "Contractor" shall mean a public authority or any other governmental agency or instrumentality thereof, self-employed person, company, unincorporated association, firm, partnership or corporation and any owner or operator thereof, which engages in an asbestos project or employs persons engaged in an asbestos project.
Curtained doorway. "Curtained doorway" shall mean a device which consists of at least three overlapping sheets of fire retardant plastic over an existing or temporarily framed doorway. One sheet shall be secured at the top and left side, the second sheet at the top and right side, and the third sheet at the top and left side. All sheets shall have weights attached to the bottom to ensure that the sheets hang straight and maintain a seal over the doorway when not in use.
Decontamination enclosure system. "Decontamination enclosure system" shall mean a series of connected rooms, separated from the work area and from each other by air locks, for the decontamination of workers, materials, waste containers, and equipment.
Demolition. "Demolition" shall mean the dismantling or razing of a building, including all operations incidental thereto (except for asbestos abatement activities), for which a demolition permit from the New York City Department of Buildings is required.
Department or DEP. "Department" or "DEP" shall mean the New York City Department of Environmental Protection.
Disturb. "Disturb" shall mean any activity that disrupts, impregnates, or strips the matrix of ACM or PACM, or that generates debris, visible emissions, or airborne asbestos fibers from ACM or PACM. This includes but is not limited to the removal, encapsulation, enclosure, renovation, repair, or cleanup of ACM or PACM.
DOB. "DOB" shall mean the New York City Department of Buildings.
ELAP. "ELAP" shall mean the Environmental Laboratory Approval Program administered by the New York State Department of Health.
Electronic Recordkeeping System. "Electronic recordkeeping system" shall mean an electronic system in which records are collected, organized, and categorized to facilitate their preservation and use, by utilizing a format and a reliable media that enables future retrieval of these records.
Encapsulant (sealant) or encapsulating agent. "Encapsulant (sealant) or encapsulating agent" shall mean liquid material which can be applied to asbestos-containing material which temporarily controls the possible release of asbestos fibers from the material or surface either by creating a membrane over the surface (bridging encapsulant) or by penetrating into the material and binding its components together (penetrating encapsulant). A thin coat of lockdown encapsulant shall be applied to all surfaces in the work area which were not the subject of removal or abatement, including the cleaned layer of the surface barriers and excluding sprinklers, standpipes, and other active elements of the fire suppression system.
Encapsulation. "Encapsulation" shall mean the coating or spraying of asbestos-containing material with an encapsulant. A thin coat of lockdown encapsulant shall be applied to all surfaces in the work area which were not the subject of removal or abatement, including the cleaned layer of the surface barriers and excluding sprinklers, standpipes, and other active elements of the fire suppression system.
Enclosure. "Enclosure" shall mean the construction of airtight walls and ceilings between the ACM and the facility environment, or around surfaces coated with ACM, or any other appropriate procedure as determined by the Department which prevents the release of asbestos fibers.
EPA. "EPA" or "USEPA" shall mean the United States Environmental Protection Agency.
Equipment room. "Equipment room" shall mean a contaminated area or room which is part of the worker decontamination enclosure system with provisions for the storage of contaminated clothing and equipment.
Exit. "Exit" shall mean that portion of a means of egress system which is separated from other interior spaces of a building or structure by fire-resistance-rated construction to provide a protected path of egress travel between the exit access and the exit discharge.
Exit Passageway. "Exit passageway" shall mean a horizontal extension of a vertical exit, or a passage leading from a yard or court to an open exterior space.
FDNY. "FDNY" shall mean the Fire Department of the City of New York.
Fiber. "Fiber" shall mean an acicular single crystal or a similarity elongated polycrystalline aggregate which displays some resemblance to organic fibers by having such properties as flexibility, high aspect ratio, silky luster, axial lineation, and others, and which has attained its shape primarily through growth rather than cleavage.
Fixed object. "Fixed object" shall mean a unit of equipment, furniture, or other item in the work area which cannot be removed from the work area. Fixed objects shall include equipment, furniture, or other items that are attached, in whole or in part, to a floor, ceiling, wall, or other building structure or system or to another fixed object and cannot be reasonably removed from the work area. Fixed objects shall also include pipes and other equipment inside the work area which are not the subject of the asbestos project. Active fire suppression system components shall not be considered fixed objects.
Glovebag technique. "Glovebag technique" shall mean a method for removing asbestos-containing material from heating, ventilation and air conditioning (HVAC) ducts, short piping runs, valves, joints, elbows, and other nonplanar surfaces. The glovebag assembly is a manufactured device consisting of a large bag (constructed of at least 6-mil transparent plastic), two inward-projecting long sleeve gloves, one inward-projecting waterwand sleeve, an internal tool pouch, and an attached, labeled receptacle for asbestos waste. The glovebag is constructed and installed in such a manner that it surrounds the object or area to be decontaminated and contains all asbestos fibers released during the removal process.
HEPA filter. "HEPA filter" shall mean a high efficiency particulate air filter capable of trapping and retaining 99.97 percent of particles (asbestos fibers) greater than 0.3 micrometers mass median aerodynamic equivalent diameter.
HEPA vacuum equipment. "HEPA vacuum equipment" shall mean vacuuming equipment with a HEPA filter.
Holding area. "Holding area" shall mean a chamber in the equipment decontamination enclosure located between the washroom and an uncontaminated area.
Homogeneous work area. "Homogeneous work area" shall mean a portion of the work area which contains one type of asbestos-containing material and/or where one type of abatement is used.
Industrial hygiene. "Industrial hygiene" shall mean that science and art devoted to the recognition, evaluation and control of those environmental factors or stresses, arising in or from the work place, which may cause sickness, impaired health and well being, or significant discomfort and inefficiency among workers or among the citizens of the community.
Industrial hygienist. "Industrial hygienist" shall mean an individual having a college or university degree or degrees in engineering, chemistry, physics, or medicine or related biological sciences who, by virtue of special studies and training, has acquired competence in industrial hygiene.
Isolation barrier. "Isolation barrier" shall mean the construction of partitions, the placement of solid materials, and the plasticizing of apertures to seal off the work place from surrounding areas and to contain asbestos fibers in the work area.
Large asbestos project. "Large asbestos project" shall mean an asbestos project involving the disturbance (e.g., removal, enclosure, encapsulation) of 260 linear feet or more of asbestos-containing material or 160 square feet or more of asbestos-containing material.
Log. "Log" shall mean a permanently bound official record of all activities that occurred during the project. One log must be maintained by the abatement contractor in accordance with 15 RCNY § 1-92, and one log must be maintained by the air monitoring company in accordance with 15 RCNY § 1-37.
Means of egress. "Means of egress" shall mean a continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way. A means of egress consists of three separate and distinct parts: the exit access, the exit and the exit discharge.
Minor project. "Minor project" shall mean a project involving the disturbance (e.g. removal, enclosure, encapsulation, repair) of 25 linear feet or less of asbestos containing material or 10 square feet or less of asbestos containing material.
Movable object. "Movable object" shall mean a unit of equipment or furniture in the work area which can be removed from the work area.
Negative air pressure equipment. "Negative air pressure equipment" shall mean a portable local exhaust system equipped with HEPA filtration. The system shall be capable of creating a negative pressure differential between the outside and inside of the work area.
NFPA. "NFPA" shall mean the National Fire Protection Association.
NIOSH. "NIOSH" shall mean the National Institute for Occupational Safety and Health.
NYSDOL. "NYSDOL" shall mean the New York State Department of Labor.
NYSDOL ICR 56. "NYSDOL ICR 56" shall mean Part 56 of the Official Compilation of Codes, Rules and Regulations of the State of New York or 12 NYCRR Part 56.
NYSDOH. "NYSDOH" shall mean the New York State Department of Health.
Obstruction. "Obstruction" shall mean the blocking of a means of egress with any temporary structure or barrier. A corridor shall not be considered obstructed when there is a clear path measuring at least three (3) feet wide permitting access to all required vertical exits and/or exit doors. Abatement worker egress from the work area through Polyethylene sheeting covering an egress used only by abatement workers, shall not be considered an obstruction when it is prominently marked with exit signage or paint and cutting tools (knife, razor) are attached to the work area side of the sheeting for use in the event that the sheeting must be cut to permit egress.
Occupied Area. "Occupied area" shall mean an area of the worksite where abatement is not taking place and where personnel or occupants normally function or where workers are not required to use personal protective equipment.
OSHA. "OSHA" shall mean the United States Occupational Safety and Health Administration.
OSHA Construction Safety and Health card. "OSHA Construction Safety and Health card" shall mean a card issued by an authorized OSHA Outreach Training Institute (OTI) or OTI Education Center that certifies that the recipient has successfully completed an approved OSHA 10-hour or 30-hour Construction Safety and Health training class.
Outside air. "Outside air" shall mean the air outside the work place.
Permanently bound log. "Permanently bound log" shall mean a log consisting of sequentially numbered sheets of paper, pre-printed or handwritten, that are permanently secured to front and back covers by stitching, glue, and binding that creates a strong and lasting bond and makes readily discernible the removal or insertion of sheets after the log's first use.
Person. "Person" shall mean any individual, partnership, company, corporation, association, firm, organization, governmental agency, administration or department, or any other group of individuals, or any officer or employee thereof.
Personal air monitoring. "Personal air monitoring" shall mean a method used to determine employees' exposure to airborne fibers. The sample is collected outside the respirator in the worker's breathing zone.
Personal protective equipment. "Personal protective equipment" (PPE) shall mean appropriate protective clothing, gloves, eye protection, footwear, head gear.
Phase contrast microscopy. "Phase contrast microscopy" (PCM) shall mean the measurement protocol for the assessment of the fiber content of air. (NIOSH Method 7400).
Physically present. “Physically present” means that an individual is actually in a building or location, and does not include being virtually or remotely present.
Physician. "Physician" shall mean an individual licensed or otherwise authorized under Article 131 § 65.22 of the New York State Education Law.
Plasticize. "Plasticize" shall mean to cover floors and walls with fire retardant plastic sheeting as herein specified or by using spray plastics as acceptable to the Department.
Polarized light microscopy. "Polarized light microscopy" (PLM) shall mean the measurement protocol for the assessment of the asbestos content of bulk materials. (Interim Method for the Determination of Asbestiform Materials in Bulk Insulation Samples - 40 C.F.R. Part 763, Subpart F, Appendix A as amended on September 1, 1982)
Pre-demolition Abatement Activities. "Pre-demolition abatement activities" shall mean any and all asbestos abatement activities required to be performed and completed prior to the partial or total structural demolition of a building or structure, including successful clearance air monitoring.
Presumed Asbestos Containing Material (PACM). "Presumed Asbestos Containing Material" shall mean all Thermal System Insulation and Surfacing Material as described in 15 RCNY § 1-38. PACM is considered to be ACM unless proven otherwise by appropriate bulk sampling and laboratory analyses.
Project designer. "Project designer" shall mean a person who holds a valid Project Designer Certificate issued by the New York State Department of Labor.
Project monitor. "Project monitor" shall mean a person who holds a valid Project Monitor Certificate issued by the New York State Department of Labor.
Project monitor's report. "Project monitor's report" shall mean the "Form ACP-15" that the project monitor is required to submit for partial or complete asbestos project closeout as approved by DEP.
Qualitative fit test. "Qualitative fit test" shall mean the individual test subject's responding (either voluntarily or involuntarily) to a chemical challenge outside the respirator face piece. Acceptable methods include irritant smoke test, odorous vapor test, and taste test.
Quantitative fit test. "Quantitative fit test" shall mean exposing the respirator wearer to a test atmosphere containing an easily detectable, nontoxic aerosol, vapor or gas as the test agent. Instrumentation, which samples the test atmosphere and the air inside the face piece of the respirator, is used to measure quantitatively the leakage into the respirator. There are a number of test atmospheres, test agents, and exercises to perform during the tests.
Registered design professional. "Registered design professional" shall mean a person licensed and registered to practice the professions of architecture or engineering under the Education Law of the State of New York.
Removal. "Removal" shall mean the stripping of any asbestos-containing materials from surfaces or components of a facility or taking out structural components in accordance with 40 C.F.R. 61 Subparts A and M.
Renovation. "Renovation" shall mean an addition or alteration or change or modification of a building or the service equipment thereof, that is not classified as an ordinary repair as defined in § 27-125 of the Administrative Code of the City of New York.
Repair. "Repair" shall mean corrective action using specified work practices e.g. glovebag, plastic tent procedures, etc. to minimize the likelihood of fiber release from minimally damaged areas of ACM.
Replacement material. "Replacement material" shall mean any material used to replace ACM that contains less than .01 percent asbestos.
Shift. "Shift" shall mean a worker's, or simultaneous group of workers', complete daily term of work.
Shower room. "Shower room" shall mean a room between the clean room and the equipment room in the worker decontamination enclosure with hot and cold running water controllable at the tap and arranged for complete showering during decontamination.
Small asbestos project. "Small asbestos project" shall mean an asbestos project involving the disturbance (e.g., removal, enclosure, encapsulation) of more than 25 and less than 260 linear feet of asbestos-containing material or more than 10 and less than 160 square feet of asbestos-containing material.
Staging area. "Staging area" shall mean the work area near the waste transfer airlock where containerized asbestos waste has been placed prior to removal from the work area.
Start date. "Start date" shall mean the date when a worker decontamination enclosure system is installed and functional.
Strip. "Strip" shall mean to remove asbestos materials from any part of the facility.
Structural member. "Structural member" shall mean any load-supporting member of a facility, such as beams and load-supporting walls, or any nonload-supporting member, such as ceiling and nonload-supporting walls.
Substrate. "Substrate" shall mean non-asbestos containing material which is beneath and supports asbestos-containing material.
Surface barriers. "Surface barriers" shall mean the plasticizing of walls, floors, and fixed objects within the work area to prevent contamination from subsequent work.
Surfactant. "Surfactant" shall mean a chemical wetting agent added to water to improve penetration.
Suspect Miscellaneous ACM. "Suspect Miscellaneous ACM" shall mean any building material that is not PACM, such as floor tiles, ceiling tiles, mastics/adhesives, sealants, roofing materials, cementitous materials, etc. All Suspect Miscellaneous ACM must be assumed to be ACM, unless proven otherwise by appropriate bulk sampling and laboratory analyses.
Transmission electron microscopy (TEM). "Transmission electron microscopy (TEM)" shall mean the measurement protocol for the assessment of the asbestos fiber content of air. (Interim Transmission Electron Microscopy Analytical Methods - 40 C.F.R. Part 763, Subpart E, Appendix A)
Variance. "Variance" shall mean relief from specific sections of the rule for a specific project.
Visible emissions. "Visible emissions" shall mean any emissions containing particulate material that are visually detectable without the aid of instruments.
Warning line system. "Warning line system" shall mean a barrier erected on a roof where there are no perimeter parapet walls or where perimeter parapet walls are less than 39 inches in height, which is intended to warn employees that they are approaching an unprotected roof side or edge.
Washroom. "Washroom" shall mean a room between the work area and the holding area in the equipment decontamination enclosure system where equipment and waste containers are wet cleaned and/or HEPA vacuumed prior to disposal.
Waste decontamination enclosure system. "Waste decontamination enclosure system" shall mean the decontamination enclosure system designated for the controlled transfer of materials and equipment, consisting of a washroom and a holding area.
Wet cleaning. "Wet cleaning" shall mean the removal of asbestos fibers from building surfaces and objects by using cloths, mops, or other cleaning tools which have been dampened with water.
Wet methods. "Wet methods" shall mean the use of amended water or removal encapsulants to minimize the generation of fibers during ACM disturbance.
Work area. "Work area" shall mean designated rooms, spaces, or areas of the building or structure where asbestos abatement activities take place. For glovebag procedures, the work area shall also include the areas contiguous to where the glovebag procedure takes place. For the purpose of the survey of a building for asbestos, the work area is the premises, or those portions of the premises where the renovation or alteration work is to occur, as reflected in the Form ACP 5.
Work place. "Work place" shall mean the work area and the decontamination enclosure system(s).
Work place safety plan. "Work place safety plan" shall mean documents prepared by a registered design professional and submitted for review by DEP in order to obtain an asbestos abatement permit. Such plan shall include, but not be limited to, plans, sections, and details of the work area clearly showing the extent, sequence, and means and methods by which the work is to be performed.
Work site. "Work site" shall mean premises where asbestos abatement activity is taking place, and may be composed of one or more work areas.
Worker. "Worker" shall mean asbestos handler and/or asbestos handler supervisor.
Worker decontamination enclosure system. "Worker decontamination enclosure system" shall mean that portion of a decontamination enclosure system designed for controlled passage of workers, and other individuals and authorized visitors, consisting of a clean room, a shower room, and an equipment room separated from each other and from the work area by airlocks and curtained doorways.
(Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)
