§ 1-16 Asbestos Investigator Certificate.
(a) (1) No individual shall engage in a building survey for asbestos unless that individual is certified as an asbestos investigator by the department.
(2) An individual not certified by the department may assist in an asbestos survey being conducted by a NYC certified asbestos investigator only if both the uncertified individual and the certified asbestos investigator are physically present at the site and the uncertified individual works under the direct and continuing supervision of the certified asbestos investigator for the duration of the survey.
(b) The department shall qualify applicants to be asbestos investigators. The applicant must both submit documentation of successful completion of a 8 hour minimum introductory blueprint-reading course or any applicable building design and construction training or certification as established by the department and posted on the DEP website and satisfy one of the following five sets of conditions:
(1) A registered design professional, a certified industrial hygienist or a certified safety professional shall submit a copy of licensing or certification and documentation of six months post-graduate experience in building survey for asbestos.
(2) A graduate from an accredited college or university possessing a doctorate or master's degree in architecture, engineering, occupational health and safety, industrial hygiene or related science must submit a copy of the degree and documentation of six months post-graduate experience in building survey for asbestos indicating specific addresses at which the graduate performed such building surveys.
(3) A graduate from an accredited college or university possessing a bachelor's degree in architecture, engineering, occupational health and safety, industrial hygiene or a related science must submit a copy of the degree and documentation of one year post-graduate experience in building survey for asbestos indicating specific addresses at which the graduate performed such building surveys.
(4) A graduate from an accredited college or university possessing an associate's degree in architecture, engineering, environmental health, public health, industrial health, or a related science must submit a copy of the degree and documentation of two years post-graduate experience in conducting building surveys for asbestos, indicating specific addresses at which the graduate performed such building surveys and an additional two years of experience in any other type of building surveys of a technical nature including structural, mechanical, or electrical, is required.
(5) An individual with extensive experience in asbestos investigation on a professional level must submit documentation demonstrating three years of experience conducting building surveys for asbestos indicating specific addresses at which the individual performed such building surveys and an additional three years of other experience in any other type of building surveys of a technical nature including structural, mechanical, or electrical is required. Additionally, such an individual must possess a four-year high school diploma or its educational equivalent, approved by a State's Department of Education.
(c) The department shall issue an asbestos investigator certificate in the form of a photo identification card or digital or electronic equivalent as approved by DEP which shall be valid for two years from the date of issuance to qualified applicants who submit the following:
(1) A completed application provided by the Department accompanied by a fee of two hundred fifty dollars ($250); and
(2) Documentation of successful completion within the prior 12 months of a NYSDOH-approved Asbestos Inspector Training course, and a passing grade on the required investigator training course; and
(3) Documentation of a medical examination performed by a physician within the prior 12 months, which must include at a minimum a pulmonary function test, evaluation of a recent chest x-ray and a physician's recommendation as to whether the applicant is able to wear a respirator in the performance of his/her job; and
(4) Documentation of a qualitative or quantitative fit test performed within the prior three months, which must include brand name and type of respirator, date and location of test, and the signature of the industrial hygienist administering the test.
(i) Qualitative fit test may be used only for fit testing of half-mask negative pressure respirators.
(ii) Quantitative fit test must be performed on all full-face negative pressure respirators.
(d) Applicant shall be allowed three attempts to achieve a passing grade on a departmental examination. If an applicant receives a failing grade after the third attempt, the applicant shall retake a New York State Inspector Training course as set forth in paragraph 2 of subdivision (c) of this section before being allowed to retake the departmental examination.
(e) Under special circumstances the department may consider applicants who submit additional credentials which are not identical to the categories specified in subdivision (b)(1) through (5) above.
(f) An applicant denied a certificate on any grounds other than failure to complete a certificate application or failure to meet the minimum requirements set forth in these rules may request a hearing before the commissioner or his/her designee to contest said denial by submitting a written request for such hearing within ten days of receipt of denial.
(g) A person who possesses an asbestos investigator certificate shall be responsible for the proper execution of his or her duties. Unprofessional conduct is prohibited. Unprofessional conduct shall include but is not limited to:
(1) Failing to comply with the provisions of Federal, State, or local laws, rules or regulations.
(2) Making or filing a false report, or failing to file a report required by Federal, State, or local laws, rules, or regulations.
(3) Delegating professional responsibilities to a person who is not qualified to perform them.
(h) Investigator's seal requirement.
(1) No NYC-certified asbestos investigator shall submit any plan or report to any client or any city, state, or federal agency that does not have the investigator's seal and signature affixed to it. Photocopies of the seal and signature are not acceptable.
(2) Seals used by certified asbestos investigators shall be circular in shape, approximately one and three quarter inches in diameter, with three concentric circles. The inner circle shall contain an accurate representation of the great seal of the City of New York. The legend at the top of the outer band shall read "CITY OF NEW YORK" and at the bottom "CERTIFIED ASBESTOS INVESTIGATOR". In the inner circle above the great seal of the City of New York shall be shown the name of the certified asbestos investigator.
(3) Any plan or report submitted without the investigator's seal and signature shall be considered invalid.
(4) [Repealed.]
(i) Employees of the department's Asbestos Control Program (ACP) are prohibited from applying for an asbestos investigator certificate. Any ACP employee who holds an asbestos investigator certificate is prohibited from applying for renewal of the certificate.
(j) The department may deny any application submitted under this section where it is determined that the applicant has failed to meet the standards established by these rules, including:
(1) Failure to demonstrate the ability to comply fully with applicable requirements, standards, and procedures set forth in these rules;
(2) Submission of false information on an application;
(3) Failure to submit all required information and documentation with the application;
(4) Where the department has determined that the applicant's past history of violation of federal or state asbestos regulations, or of any laws, rules, or regulations relating to occupational or public safety or health, indicates a direct relationship between that history and the license or that issuance of the license would pose unreasonable risks to property or safety;
(5) Loss of a relevant professional accreditation or license; or
(6) Any other cause which the commissioner determines to be of such serious and compelling nature as to warrant denial of the application.
(k) A certified asbestos investigator who is issued a notice of violation under this section alleging that the investigator engaged in unprofessional conduct that demonstrates a willful disregard for public health, safety or welfare shall be subject to immediate suspension, provided that the Commissioner serves the investigator with a notice of charges and an opportunity to be heard within 15 calendar days, pursuant to Administrative Code § 24-136(e)(4).
(l) When the commissioner has reasonable cause to believe that an asbestos investigator's surveys have been performed improperly or fraudulently such that work performed, pursuant to such a survey poses or may pose a threat to human safety, he or she may invalidate any or all ACP-5s filed by that asbestos investigator, and may order the building owner to stop all work, have a new survey performed by a different asbestos investigator, and have a new ACP-5 submitted to the department. The commissioner in his or her discretion may waive the filing fee for such ACP 5.
(m) Applicants to become a certified asbestos investigator shall disclose prior convictions as part of their application to the extent permitted under Section 23-A of the correction law, Section 296(16) of the executive law and § 8-107 of the Administrative Code, and once certified, must notify DEP in writing of any criminal conviction, to the extent permitted by such laws, within ten days of occurrence.
(Amended City Record 8/27/2015, eff. 8/27/2015; amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 1/15/2025, eff. 2/14/2025)
