Sunday, August 09, 2009

Mayor Bloomberg Signs Legislation Impacting Asbestos Projects in NYC


On June 29, 2009, Mayor Bloomberg signed several pieces of legislation (introductory numbers 1001-A, 1002, 1003-A, 1005 & 1007) that will impact asbestos abatement projects in New York City (NYC). The legislation and what they regulate include:
  • 1001-A - prohibits smoking on any floor where asbestos abatement activity is taking place. The regulation also prohibits tobacco, lighters, and matches at asbestos abatement work sites.

  • 1002 - prohibits smoking at construction sites.

  • 1003-A - establishes a permitting requirement for asbestos abatement jobs that pose the greatest risk to the safety of workers, first responders and the general public.

  • 1003-A - a. creates a NYC Department of Environmental Protection (DEP) office (Asbestos Technical Review Unit (A-TRU)) to review and permit significant abatement projects.

  • 1003-A - b. NYC Fire Department will receive automatic notification for all jobs requiring a permit and will dispatch the local fire company to inspect the site.

  • 1003-A - c. authorizes the NYC Fire Department to delegate to the NYC DEP authority to enforce the fire codes at abatement sites, so that NYC DEP inspector can issue violations for dangerous conditions.

  • 1005 - requires NYC DEP to promulgate rules giving guidance to contractors on how to maintain safe abatement project sites. NYC DEP, NYC Department of Building (NYC DOB), and Fire Department of NY (FDNY), in collaboration with the Office of Operations, have developed new rules that will soon be promulgated to strengthen safety at abatement jobs.

  • 1007 - requires NYC DEP, FDNY, and NYC DOB to establish a procedure to share information regarding violations issued as a result of building inspections that meet agreed-upon criteria.

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