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What is NYC RCNY § 1-27?

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(a) An emergency asbestos project involves the removal, enclosure, encapsulation or cleanup of asbestos-containing material that was not planned but is undertaken when sudden unexpected event(s) result in a situation in which any delay in abatement would pose an immediate danger to public safety and health. (b) When su

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Effective: 1/6/2019Last amended: 2/14/2025

§ 1-27 Emergency Asbestos Project Notification.

RCNY § 1-27

(a)An emergency asbestos project involves the removal, enclosure, encapsulation or cleanup of asbestos-containing material that was not planned but is undertaken when sudden unexpected event(s) result in a situation in which any delay in abatement would pose an immediate danger to public safety and health.

(b)When such an emergency asbestos project occurs, applicants with an ARTS E-File account must submit an emergency notification, including a detailed scope of work, on the asbestos contractor’s letterhead, and a cover letter from the building owner or authorized agent including the items listed in (1) to (7) through the ARTS E-File system. If the applicant does not have a valid ARTS E-File account or is unable to access the ARTS E-File system, the applicant must immediately call 311 and provide: (1) Name, affiliation and telephone number of caller; (2) Nature of the emergency; (3) Scope of asbestos work to be performed and the quantity and location of ACM to be abated; (4) Exact location of the project including street address and borough; (5) Name, address, and telephone number of the asbestos abatement contractor and the air monitoring company; (6) Starting and projected completion dates; and (7) Such other factors as the department may determine are relevant for that project.

(c)When such an emergency asbestos project occurs, an asbestos project notification (ACP-7 Form) shall be submitted through the ARTS E-File system in accordance with the provisions of 15 RCNY § 1-25 as soon as possible, but not later than 48 hours after the project begins. In such cases, the ACP-7 Form shall be accompanied by a cover letter from the building owner or their authorized agent including the following information: (1) the nature of the emergency; (2) a description of the scope of work. With respect to projects commenced under this section, the department, based on inspection by the department and other relevant agencies, may exempt the emergency project from the requirements of 15 RCNY § 1-26. (Amended City Record 12/7/2018, eff. 1/6/2019; amended City Record 4/28/2022, eff. 5/28/2022; amended City Record 1/15/2025, eff. 2/14/2025)

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