Section 28-106.1
§ 28-106.1 Asbestos certification required. The commissioner shall not
issue a permit for the demolition or alteration of a building
constructed on or before April 1, 1987, unless the applicant submits
such certification relating to asbestos as may be required by the rules
of the department of environmental protection.
Section 28-106.1.1
§ 28-106.1.1 Full demolition permit. The commissioner shall not issue
a full demolition permit unless the owner of the building provides
certification in a form and manner to be provided in the rules of the
department of environmental protection that (i) the building is free of
asbestos containing material, or (ii) the commissioner of environmental
protection, has issued a variance from this requirement in accordance
with subdivision (o) of section 24-146.1 of the administrative code and
the rules of the department of environmental protection, subject to the
requirement that demolition work will be performed only in parts of the
building that are certified free of asbestos containing material. The
full demolition permit shall be subject to such additional conditions as
the department of buildings may require of the permittee based on the
size and complexity of the demolition job.
Exception: This section 28-106.1.1 shall not apply to full demolition
performed as emergency work pursuant to article 215 of chapter 2 of this
title where the emergency warrants immediate commencement of the work or
full demolition with asbestos in place authorized pursuant to 12 NYCRR
56-11.5.
Section 28-106.1.2
§ 28-106.1.2 Alteration permit for the removal of one or more stories.
The commissioner shall not issue an alteration permit for the removal of
one or more stories of a building unless the owner of the building
provides certification in a form and manner to be provided in the rules
of the department of environmental protection that (i) the stories to be
removed are free of asbestos containing material and that no abatement
activities will be performed anywhere in the building concurrently with
the removal work authorized by such permit or (ii) the commissioner of
environmental protection has issued a variance from these requirements
in accordance with subdivision (o) of section 24-146.1 of the
administrative code and the rules of the department of environmental
protection, subject to the requirement that work authorized by the
alteration permit will be performed only in parts of the building that
are certified free of asbestos containing material. The alteration
permit shall be subject to such additional conditions as the department
of buildings may require of the permittee based on the size and
complexity of the work.
Exception: This section 28-106.1.2 shall not apply to removal of one
or more stories performed as emergency work pursuant to article 215 of
chapter 2 of this title where the emergency warrants immediate
commencement of the work.
Section 28-106.2
§ 28-106.2 Construction and maintenance of asbestos containment
structures and other temporary structures or work required for asbestos
abatement activities. Notwithstanding any other provision of this code,
the construction and maintenance of asbestos containment structures,
decontamination system enclosures and other temporary structures or work
performed in the course of and only for the purpose of asbestos
abatement activities shall comply with this section and the rules of the
Department of Environmental Protection relating to such temporary
structures and work and with Article 30 of the Labor Law and rules
adopted pursuant to such article.
Section 28-106.2.1
§ 28-106.2.1 Materials. The rules of the department of environmental
protection relating to materials used in the construction of temporary
structures for asbestos abatement activities shall contain a provision
requiring such structures to be non-combustible or flame resistant in
compliance with reference standard NFPA 255-06 or NFPA 701-99, as such
standards may be modified by local law or by the Department of Buildings
pursuant to applicable rules.
Section 28-106.3
§ 28-106.3 Permit exemption. Except as otherwise provided by rule,
work performed in the course of and only for the purpose of an asbestos
project that is required to be permitted pursuant to section 24-146.3 of
the administrative code shall be exempt from the permit requirements of
this code.
Section 28-106.4
§ 28-106.4 Definitions. For the purposes of this article, the terms
"asbestos" and "asbestos project" shall have the meanings as are
ascribed in section 24-146.1 of the administrative code.
To the extent possible under law, Friends of Devin Balkind for Public Advocate has waived all copyright and related or neighboring rights to New York City Administrative Code. This work is published from: United States.
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