§ 1-03 Variances.
RCNY § 1-03
(a)Application for any variance must be made directly to the Department through the ARTS E-File System at least two weeks prior to the commencement of work. Work involving a variance may not commence prior to the receipt of the Department's approval of the application. Upon the Department’s approval of an application other than an application for a variance from section 15 RCNY § 1-22(b), application the applicant must generate an approved variance (Form V2) by entering a start date in the ARTS E-File System, and must print out and post a copy of the approved variance at the work place. Upon the Department’s approval of an application for a variance from 5 RCNY § 1-22(b), the Department will issue the variance approval (Form V5) in the ARTS E-File System, and the applicant must then submit the Form V5 to DOB and post a copy of the Form V5 at the work place. Any variance must be approved and issued prior to the commencement of asbestos abatement activities, except that where a project includes both work areas for which a variance application has been filed and work areas for which no variance is being sought, work on the non-variance portion of the project must begin on the start date indicated in the ACP-7.
(b)The Department's "Asbestos Variance Application" (ACP-9) form shall be prepared and submitted by a project designer and authorized by the building owner or authorized agent, and shall include the following information: (1) Identification of those portions of the rules for which a variance is requested, providing each numbered section and subsection with a description of the deviation; (2) A description of the hardship preventing the required procedures from being employed; (3) A written proposal setting forth the alternative procedures the applicant will employ to satisfy each requirement as modified; and (4) A drawing illustrating the proposed modification.
(c)For each variance application where the combined amount (total of both square and linear feet on the ACP-7) of ACM is less than 5,000 feet, payment of the variance processing fee shall accompany the application and shall conform with the payment schedule as follows: (1) Request to modify no more than one lettered subsection in any section category listed in subsection (e) below: $400 fee.
(2)For each additional subsection in any category listed in subsection (e): $200 fee.
(3)The maximum fee: $1,200.
(d)For each variance application where the combined amount (total of both square and linear feet on the ACP-7) of ACM is greater than or equal to 5,000 feet, payment of the variance processing fee shall accompany the application and shall conform with the payment schedule as follows: (1) Request to modify no more than one lettered subsection in any section category listed in subsection (e): $600.
(e)Section categories shall be as follows: CATEGORYNYC Asbestos Control Program Section #s 12 NYCRR Part 56 Section #s CATEGORYNYC Asbestos Control Program Section #s 12 NYCRR Part 56 Section #s Notifications Permitting & Recordkeeping 21-29 Air Monitoring31-45 56-4, 6 Materials and Equipment61 56-7 Work Place Preparation81-84 56-7 Work Place Procedures91-94 56-7 Abatement Procedures101-110 56-8 Clean-up Procedures111-112 56-9 Pre-Demolition Abatement Activity Procedures120-129 – (f) Any variance from the prohibition on concurrent abatement and full demolition or story removal set forth in 15 RCNY § 1-126 shall only be approved after notification and consultation with FDNY and DOB.
(g)Any violation of the terms of any variance issued under this section shall be considered a violation of the lettered subdivision modified by the variance.
(h)An approved variance, except for a variance from subdivision b of 15 RCNY § 1-22, is valid for a period of six months from the start date. An application to renew an existing variance must be submitted to DEP two weeks prior to the expiration date of the variance.
(i)If the asbestos abatement contractor was the applicant for a variance, or if the building owner changes the asbestos abatement contractors during the project, the variance application, and any written approval of the variance, are automatically canceled.
(j)Variances from 15 RCNY § 1-22(b).
(1)A variance from 15 RCNY § 1-22(b) requires the submission of the following: (i) The DOB plan application number submitted with the application must be in approved status; and (ii) An ACP-5 form must be submitted for those work areas listed on the plan application that are not listed on the ACP-7 form.
