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III. If the abatement job requires an AsbestosWork Permit for all the asbestos workareas listed in the ACP7, the DEP clerk willcollect the documentation required for theA-TRU review. The clerk will then provideyou with a receipt confirming DEP’s receiptof the documentation for A-TRU review anda stamped copy of the Form ACP7 with aTRU tracking number added. DEP will notprovide you with a copy of the AsbestosAbatement Notice until the Asbestos WorkPermit is granted, since there is no work thatmay commence until after the A-TRU reviewtakes place. (If you did not bring the correctdocumentation for A-TRU review, DEP will notaccept the ACP7.)IV. If the abatement job requires a variance,the clerk will direct you to a DEP reviewerfor initial variance review. Unlike the fee forthe ACP7 and the A-TRU review, the variancefee cannot be determined until the varianceapplication has been reviewed.iv Therefore,you must meet with a DEP reviewer, whowill perform a cursory review of the varianceapplication to determine if the submission iscomplete for all technical aspects. Once theDEP reviewer is satisfied that the variancesubmission is completed, he or she will advisethe clerk to enter the appropriate fee intothe ARTS system and direct you back to theclerk to pay the fee for the variance.B. Following SubmissionI.If you leave DEP with an Asbestos AbatementNotice, you must post the Asbestos AbatementNotice and work must commence on the startdate in any work areas that do not require avariance or A-TRU review.II. If all the required documents have beenproperly submitted, the review period for avariance or Asbestos Work Permit will takeapproximately two to three weeks. Youwill receive the results of your Request for8Variance and/or Asbestos Work Permit via amessage sent to your email account advisingyou to log on to your online ARTS account (orby mail if you have requested it): If the Request for Variance and/or AsbestosWork Permit has been approved, a copy ofyour permit will be sent electronically toyour ARTS account. You will enter the startdate (which must be at least three daysafter the date of receipt) and you will beable to print the variance, which must beposted at the workplace, or the AsbestosWork Permit, which must be posted in theentrance of the building where abatementis taking place with additional copieshanging directly outside each permittedasbestos containment area. If the Asbestos Technical Review Unit hasany objections or questions concerningyour variance and/or Asbestos WorkPermit, you will be notified via your email(or by mail if you have requested it). Youcan respond to objections via fax or email,or you can schedule an appointment tospeak with the A-TRU reviewers if youwant detailed clarification about how toresolve the objections.III. If you did not submit all the materials foryour Request for Variance or Asbestos WorkPermit, it will be noted on your receipt, aswell as in an email to you, that review isdelayed pending the complete submissionof all supporting material. Asbestos WorkPermit and/or Variance approval can take upto two or three weeks, but these reviews willnot begin until you have submitted all thenecessary documentation (even if you havealready received your Asbestos AbatementNotice and have already started work on nonvariance, non-A-TRU jobs).

Fig. 3: Project ReviewAbatement OptionsWhat you get at DEP4. CONDUCTING ABATEMENTA. InspectionsOnce abatementproject may beensure that therelated work isaccording to law.has begun, your abatementinspected by DEP. Inspectorsasbestos abatement and allbeing conducted safely andDEP inspectors will verify that abatement worktaking place matches the work described in yoursubmitted drawings and paperwork (includingyour Form ACP7, Variance Approval and AsbestosWhat work can beginWork Permit), and that it conforms to the Cityrules governing abatement. Therefore, a copy ofyour Asbestos Abatement Notice must be postedat the workplace, your Asbestos Work Permitmust be posted at the building entrance andoutside every workplace and Variance Approvalmust be posted outside every workplace.If permits, drawings and/or paperwork aremissing from the work site, or the DEP inspectorfinds that your project should have received anAsbestos Work Permit or Variance Approval butdidn’t, the inspector can order the abatementcontractor to cease all abatement work. The9

contractors and building owners may facepenalties or even criminal prosecution forfalsifying the Form ACP7.provided on any notification submitted to DEPshall immediately be reported to DEP via yourARTS account using a Form ACP8.Furthermore, DEP Inspectors trained in thefundamentals of Building and Fire Code safetyinspections will be checking that abatement sitescomply with fire- and life-safety requirementslike maintaining egress and fire-protectionsystems.If any of the following items change after theACP7 has been submitted, you must submit asigned ACP8 to DEP:1. Asbestos contractor2. Third party air monitor3. Project start/completion date4. Additional amount of ACM5. Any reduction in amount of ACM6. Extend or reinstate the Asbestos WorkPermitB. AmendmentsModification or deviation from the informationFig. 4: AmendmentChange10Required FormsNext Steps

If any of the following items change after theACP7 has been submitted, you must submit thechanges via your ARTS account only:7.8.9.10.11.Project cancelled or postponedAsbestos work scheduleAbatement proceduresType of abatementAsbestos HaulerTo register changes, enter your ARTS account andfind the TRU number for the relevant project inthe ‘Processed’ section on the homepage, andthen click ‘Make Changes.’ You will be guided toa list of the details of your abatement project asthey appear on your Form ACP7. Make whateverchanges you need and then click ‘Submit.’ Ifyou are making changes to items 1-6, ARTS willgenerate an Amendment Form (Form ACP8),which must be printed, signed and submittedto DEP with applicable fees, either by mail orin-person. Once DEP has received and approvedthe Form ACP8, it will advise you via your emailthat an approved version is in your ARTS account(or by mail, if requested) and the Form ACP8should be posted at the work place next to theAsbestos Abatement Notice. If you are makingchanges to items 7-11, which do not necessitatethe submission of a signed ACP8 to DEP, ARTSwill immediately register the changes that youhave entered and you may proceed with theabatement project.However, you will have to file a new Form ACP7 ifthe changes that you are making will include anyof the following: A change to the project details that willrequire an Asbestos Work Permit in a workarea not previously covered; orA change to the project details that willrequire answering “Yes” about a newA-TRU criterion (questions 27-30 on theForm ACP7) that had previously beenmarked “No” (even in an area that isalready permitted).11

Fig. 5: Close-OutClose-Out OptionsSubmission RequirementsFinal Close-Out5. CLOSE-OUTIn the past, the DOB issued permits for jobs assoon as it had received a copy of the ACP5, theASB4, or an ACP7 indicating that the applicantwas making plans to abate the asbestos. Underthe new policy, the Form ACP7 is no longer aprerequisite for the issuance of a DOB permit. Allabatement projects must be completed before aDOB permit will be issued. Once abatement hasbeen successfully completed, DEP will issue anAsbestos Project Completion Form or an AsbestosProject Conditional Close-Out Form, either ofwhich can be presented to DOB in order to obtaina DOB permit.DEP issues an Asbestos Project Completion Formonce all components of the asbestos abatementproject have been completed. If the abatementproject did not require an Asbestos Work Permit12and only received an Asbestos Abatement Notice,then the Abatement Project Close-Out will beissued once DEP receives a Project Monitor’sReport. The Project Monitor is a certifiedprofessional who will monitor the abatement andreview the results of the air monitoring. Whenabatement has been completed, the ProjectMonitor will file a Project Monitor’s Report withDEP.If the asbestos abatement project has receivedan Asbestos Work Permit from the AsbestosTechnical Review Unit, then DEP will not issuethe Asbestos Project Completion Form until itreceives confirmation that all of the buildingwork that was authorized by the Asbestos WorkPermit has been carried out properly. Thisconfirmation must be provided by a registered

architect or professional engineer, or anotherlicensed professional qualified to grant thatparticular sign-off (e.g., a master plumber in acase where plumbing has been affected by theabatement) who will file an A-TR1 Form.Once DEP receives and reviews the appropriatedocuments, you will be notified of its approvalvia email (or by mail if you requested it). Youwill be able to log into the ARTS system andprint your approved Asbestos Project CompletionForm. You may then submit this form to DOB asproof that you have finished abatement, allowingthe issuance of DOB construction permits.The A-TR1 Form may be used to report anumber of things. If the abatement involved theremoval of elements of the fire safety systemlike sprinkler systems, standpipes or exit doors,If the work area is being left in a non-compliantthe appropriate inspector (e.g., architects,state because a DOB-approved alteration orengineers, licenseddemolition job will occurplumbers,firefollowingabatement,s u p p r e s s i o nthe registered architectcontractors)willor professional engineerconduct a Specialmust certify that youInspection at thehave not exceeded yourtimethatthescope of work and begunbuilding element isyourconstructionorreplaced to inspectdemolition and that theand certify that theapproved alteration scopenecessary work wasencompasses the asbestoscompleted as perproject work area. In thisall Building Codecase, once DEP reviews andrequirements. Thisaccepts the A-TR1 Form,SpecialInspectionit will issue an Asbestoswill be noted on theProjectConditionalA-TR1 Form that isClose-Out Form that willsubmitted at theauthorize DOB to issuecompletion of thebuilding permits but willproject.not close out the AsbestosFig. 6: Items 1-9 in Section 3 of the A-TR1 relate Work Permit. You will haveIn situations where to Special Inspections. Item 10 is the Final to keep the Asbestos Workno Special Inspection Inspection required to close out all permitted Permit posted until theis required, an A-TR1 jobs.DOB permits have beenForm is still requiredto close out an Asbestos Work Permitted job. Theregistered architect or professional engineer willconduct a Final Inspection to confirm that thebuilding has been returned to its original state.The registered architect or professional engineerwill submit the A-TR1 Form and any relevantconstruction documents detailing the restorationof the building elements that were removedduring the abatement.pulled. Once the permitshave been pulled, DEP will receive notice fromDOB and the Asbestos Work Permit will beautomatically closed out. If the Asbestos WorkPermit, which is valid for one year, expires beforethe necessary DOB permits have been issued andthe Asbestos Work Permit has not been renewed,DEP will issue violations for not properly closingout the abatement project. You will have to applyto have the Asbestos Work Permit reinstated inorder to complete the close-out process.13

2The New AsbestosProject Notification FormA detailed explanation of the new Asbestos ProjectNotification Form available on ARTS:1. Asbestos Job Status2. Form ACP7 Explained

1. ASBESTOS JOB STATUSOnce you log on to the ARTS system, you can see a list featuring the statusof all your asbestos jobs. The status might be:Work In Progress – These are applications that you are in the processof filling out.Pending – These applications have been submitted to DEP’s databaseand are pending until you come in with your signature sheet and anysupporting documents. Opening these documents for editing will causethem to be automatically moved back into the “Work In Progress”folder.Submitted – These applications have been submitted to DEP alongwith all necessary signatures and supporting documents. This categoryincludes abatement jobs that are approved and may already be inprogress. Once at this stage, your submitted paperwork can no longerbe edited.2. FORM ACP7 EXPLAINEDOnline, the Form ACP7 has been divided into nine sections:Section 1: Facility – Requires the location of the property where asbestosabatement will take place and some very basic characteristics about theproperty.Sections 2 – 6: Contact Information – Requires contact information forall parties involved with the abatement project, including the applicantinformation (Section 2), the building owner (Section 3), the asbestosabatement contractor (Section 4), the third-party air monitor (Section 5) andthe asbestos hauler (Section 6). In the section requesting information aboutthe asbestos hauler (Section 6), you must list the disposal sites where theasbestos will be discarded.Section 7: Project Information – This section asks basic questions aboutthe asbestos abatement operation, including the abatement work schedule,the size of the abatement area and the type of abatement to be used. Thissection also asks if the building is government-owned.Section 8: Abatement Locations – In this section, you must list each locationwithin the building where you will be conducting abatement. You mustprovide the location of the abatement area and the amount (e.g., squarefeet or linear feet) of ACM to be abated. In this section you must note if any15

of the locations will require a variance.Form ACP7 OutlineSection 1FacilitySection 9: Project Details – While all the other sections in the online ACP7can be filled out in any order, this section cannot be filled out until Section 8has been completed and all the asbestos locations have been entered.This section consists of three groups of very detailed questions. They arepresented here with some guidance to help you answer them accurately:Section 2Contact Information:ApplicantSection 3Contact Information:Building OwnerSection 4Contact Information:Asbestos Abatement ContractorSection 5Contact Information:Third Party Air MonitorSection 6Contact Information:Asbestos HaulerSection 7Project InformationSection 8Abatement LocationsSection 9Project Detailscredit: Andreanna Seymour

The first group of questions in this section asks whether any of the building’s fire protection systems(e.g., fire alarm or sprinkler system) will be turned off as a result of the abatement work.If you indicate that any of these conditions will occur you must notify the FDNY Borough CommunicationsOffice, informing them of the date and time those conditions will be created and follow any instructionsyou receive from FDNY (this may include the posting of a fire guard).credit: Sy Bram17

The second group ofquestions determineswhether the abatementwork will result inblocked or compromisedegress or whether anycomponents of the fireprotection system aregoing to be removed aspart of the abatement.If you indicate that anyof these conditions willoccur, the project willneed a permit issuedby A-TRU, which willrequire a Work PlaceSafety Plan in order toconduct its technicalreview. A Work PlaceSafety Plan consists of work plans drawn up by a registered architect or professional engineer. It mustinclude a floor plan indicating the location of the asbestos abatement containment area(s) - includingpersonnel and waste decontamination enclosure system(s) - signed by a licensed project designer andany narratives that explain the means, methods, and sequencing of any additional safety measures tobe in place for the duration of the permit.The third group ofquestionsdetermineswhether or not theabatement work entailsremoval of passive fireprotection (e.g., fireresistance rated walls,sprayed on fireproofing,or smoke dampers).If you indicate that anyof these conditions willoccur, the project willrequire a permit fromA-TRU. However, insteadof a full Work Place Safety Plan, you will only need to submit floor plans of all abatement containmentareas in the building, all applicable construction documents, and all documents detailing how thework area is to be returned to its original condition. During the close-out, these projects are like anyother Asbestos Work Permitted jobs and a Statement of Responsibility (Form A-TR1) from a registeredarchitect or professional engineer must be submitted after the work has been finished in order toensure the correct restoration of the work area after the abatement has been completed.18

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3Maintaining ProperEgressAn introduction to principles of egress and egressduring abatement:1. What is Egress?2. Egress During Abatement3. Mitigation Steps4. A-TRU Review and Permit5. Inspections

1. WHAT IS EGRESS?A means of egress, as defined in DEP rules, is “a continuous and unobstructed path ofvertical and horizontal egress travel from any occupied portion of a building, structureor premises to a public way.”Under the ACP Rules, required means of egress, including emergency and fire exits, shallbe maintained at all times during abatement activities, except as otherwise providedunder Section 3303 of the New York City Building Code.The requirements for egress in the DEP rules,as well as in the Building Code and Fire Code,vare intended to ensure that safe passage isalways maintained within buildings undergoingabatements so that, in the case of an emergency,building occupants and asbestos handlers canevacuate and first responders can safely conductrescue operations.There are many components to maintainingproper egress. In preparing an abatement worksite, revised § 1-81 of the rules stipulates several21

new requirements relating to the maintenance ofexit ways and exit lighting, including: Posting a floor plan in the building’s lobbyshowing the location of all fire exits[§ 1-81(b)].Maintaining exit signs in the work area[§ 1-81(t)].Replacing any emergency lighting blockedby abatement-related materials withbattery-operated exit signs, exit lights and/or photoluminescent path markings[§ 1-81(l)].Exits shall not be obstructed; however, theexit shall not be considered obstructed ifthe barrier is limited to two layers of fireretardant 6-mil plastic and marked as anexit by photoluminescent paint or signage.Additionally, cutting tools must be attachedto the work area side of the plastic toenable workers to escape in the event of anemergency [§ 1-81(o)(4)].Means of egress are not allowed to beobstructed by hardwall barriers unless analternative means of egress is provided t

New York City Asbestos Regulations First Edition, October 2009. The Asbestos Technical Review Unit Contact Information: Telephone: (718) 595 - 3048 Email: ARTSfeedback@dep.nyc.gov Web: NYC.gov/dep DEP Staff: Krish Radhakrishnan, P.E. Director Asbestos Control Program Steven A. Camaiore, P.E. Deputy Director Asbestos Control Program Carlstien .