New York City’s Asbestos Permits Explained: The Difference Between ACP-5, ACP-7, ACP-8, ACP-9, ACP-20, and ACP-21
Keeping track of the many regulations and documentation regarding asbestos is no easy task, quickly leading to confusion over record keeping and document sorting. To help sort through the complexities of New York Asbestos permitting we made an easy-to-follow reference guide. Use this guide for work on any building constructed before April of 1987 that may have asbestos-containing materials.
ACP-5: Asbestos Assessment Report
The Asbestos Assessment Report (ACP-5) is a report on the mandatory inspection of a building undergoing construction or demolition. In this report, an asbestos investigator certified by the Department of Environmental Protection (DEP) will determine whether asbestos-containing material (ACM) is present to be an issue in construction. If asbestos is not a factor in the project (less than 25 linear feet or 10 square feet of ACM and will not be disturbed), the form is signed, sealed, and delivered to the New York Department of Environmental Protection (DEP). If the area containing ACM will be disturbed, the material must be abated as a ‘minor project’ in accordance with relevant provisions of the DEP’s Asbestos Rules.
ACP-7: Asbestos Project Notification
If a significant quantity of asbestos is identified (over 25 linear feet or 10 square feet of ACM), the DEP requires an Asbestos Project Notification (ACP-7) to outline the plan to safely handle the asbestos. Additional information is required for this project such as air monitoring, regulatory compliance, and safety plans. After an Asbestos Technical Review Unit (A-TRU) permit confirms that the project workers and the building tenants are being safely taken care of, the project is approved. Note that this will require additional forms for changes to the work plan, closeout of the project, and approval for any variations from state regulations.
ACP-8: Asbestos Project Amendment for ACP-7
When the work previously approved by an Asbestos Project Notification is changed in a way that affects asbestos containing material, the Asbestos Project Amendment (ACP-8) form is needed to approve the changes. The form has a number of rules regarding its use, such as:
Only 2 modifications can be made on any Asbestos Project Notification
Amendments must take place before the date of completion on the original form
If the amendment expands the original scope of work too much, a separate Technical Review permit or Asbestos Project Notification (ACP7) will be required.
ACP-9: Asbestos Variance Application
An Asbestos Variance Application (ACP-9) form requests approval for any variation from the New York’s Asbestos Control Program’s rules. This form has to be filed 2 weeks before the project’s start date and cannot commence without receiving approval. The form has to include detailed explanation of why the variance is needed, an alternative method of upholding the regulation, layout drawings of the proposed work site, and any additional information needed to make the decision.
ACP20: Asbestos Project Conditional Completion
If a finished project left the site in a non-compliant state because of an approved alteration (from the Asbestos Variance Application) or because of a scheduled demolition, the Asbestos Project Conditional Completion form is issued. As the name suggests, this can only occur if very specific conditions are met. Unlike the Asbestos Project Completion form (below) that closes out a project, the Conditional Completion form will require additional work before a project is closed.
ACP21: Asbestos Project Completion
The Asbestos Project Completion (ACP21) confirms that all asbestos related work is finished and was done properly. It’s issued at the end of a project, and closes out the regulatory process for asbestos-related projects. In order to receive an Asbestos Project Completion, two documents are needed: a Project Monitor’s Report on the air quality of the affected area and an A-TR1 form that confirms the building is back to its original state of functionality.
Interested in taking the hassle out of asbestos reporting? Sologistics can help you identify if you need to file, which reports need to be done, and when to submit them. As New York’s leading experts on Permit Expediting for solar and energy storage, we ensure that the filings for every project are done fast, and right the first time. Schedule a free 15 minute consultation to learn more.