Asbestos Abatement


Asbestos abatement in New York City is regulated by the Department of Environmental Protection (DEP).

Building owners contemplating renovation, alteration, or demolition are responsible for determining whether asbestos containing material is present in any areas that will be affected by the work. An asbestos investigator can determine whether any asbestos must be abated before work can begin.

Owners must demonstrate to the Department of Buildings that requirements for asbestos abatement have been satisfied before a DOB permit may be issued. Applicants must indicate on the PW1 whether the project requires abatement, does not require abatement, or is exempt.


Asbestos Abatement Required

If asbestos abatement is required, hire a licensed abatement contractor to remove the asbestos-containing material, and an independent air-monitoring firm to monitor the work.


Filing

Submit the DEP ACP7 Asbestos Project Notification Form to DEP's Asbestos Technical Review Unit (A-TRU). Use DEP's online Asbestos Reporting and Tracking System (ARTS) to prepare the ACP7.


Related Construction Activity

If the abatement requires related construction activity in order to access asbestos containing material or, through the course of abatement, means of egress or fire protection systems are compromised, then construction documents describing the project must be submitted to A-TRU for review and approval. An A-TRU permit must be obtained prior to commencing the abatement work.


Complex Abatement/Alteration Projects - DOB and DEP Filing Procedures

Both DOB and DEP require asbestos abatement activities to be completed at a job site before DOB can issue a permit for any related construction work. Specifically, applicants must submit to DOB the Asbestos Project Completion Form (ACP21) or an Asbestos Project Conditional Completion Form (ACP20) prior to the issuance of a DOB permit. Because this requirement can pose undue hardship to a complex or multi-phased project, applicants may request a variance from DEP(V5) that would allow the issuance of a DOB permit prior to completion of abatement activities and thereby allowing flexibility in phasing of the project. For more details see the A-TRU Service Notice.


Completed Abatement Work

Once abatement work is completed, applicants must obtain from DEP:

  • ACP 20 Asbestos Project Conditional Completion Form or
  • ACP 21 Asbestos Project Completion Form

The ACP20 or ACP21 must be submitted to the Department of Buildings before a DOB permit may be issued for any subsequent work.


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