§ 1-28 Record Keeping Requirements for Investigators.
RCNY § 1-28
(a)The asbestos investigator must maintain a permanent record as required under this section for every building survey for asbestos that is conducted, pursuant to or submitted in accordance with 15 RCNY §§ 1-22 through 1-27 and 1-38.
(b)For each building survey conducted prior to preparation of either the asbestos project notification (ACP-7) or asbestos assessment report (ACP-5), the investigator must compile a record. Each of the requirements listed below must be satisfied independently. A requirement to maintain a particular record may not be satisfied by inclusion of the information required to be set forth in that record in another record (e.g., information that is required to be set forth in the blueprint, diagram, or drawing must be in that record and the requirement to provide certain information in the blueprint, diagram, or drawing cannot be satisfied by its inclusion of the specified information in a survey report). The record must include at a minimum: (1) A survey report that includes, at a minimum, the building or structure address and the name, address, and contact information of the building or structure owner; a description of the scope of work, the location (floor, section, room) of areas where bulk samples were collected or material was assumed to contain asbestos; the material type, name dimensions and condition of all suspect ACM, and the number of samples taken of each material; and the name, address and contact information of any non-certified individual who participated in the survey, along with a description of the activities engaged in by said person; and (2) A blueprint, diagram, or drawing of each building or portion thereof inspected by the investigator that identifies clearly each exact location and type of material where bulk samples were collected or assumed to be ACM. The blueprint, diagram or drawing must include the approximate linear or square footage of all areas affected by the proposed work where material was sampled and/or assumed to be ACM and the date of collection; and (3) The printed name and signature of any and all persons who collect bulk samples for the purpose of determining the presence of ACM, a copy of the current New York State asbestos inspector certificate of each such person, the name of the firm performing the survey and a copy of its current NYSDOL asbestos handling license, the name and address of the laboratory analyzing the samples, the date of analysis, the results of the analysis, the method of analysis and the name and signature of the person performing the analysis; and (4) A chain of custody for all bulk samples collected as part of the survey. The chain of custody must be prepared in accordance with EPA recording requirements (QA Handbook Volume II Section 8.00). A record that lacks any of the foregoing components will be deemed defective.
(c)Reserved.
(d)The investigator must maintain these records for thirty (30) years. These records may be maintained in an electronic recordkeeping system instead of in paper form. Upon the death of the investigator, records may be destroyed and notification must be sent to the Asbestos Control Program.
(e)The investigator shall make these records available during normal business hours, pursuant to an appointment without cost or restriction for inspection by a representative of the Department.
(f)Records must be stored in a manner that minimizes the possibility of damage from water. The investigator must immediately report if any records are damaged, lost or destroyed.
(g)The investigator must respond to the Department's request for inspection within fourteen (14) business days and provide a date, time and location for an inspection which is within 21 days of the date of the request. Failure of the investigator to either respond to the Department's request for an appointment or provide a date, time, and address for an inspection will result in suspension of the Certified Asbestos Investigator's (CAI) certificate until such appointment is completed and these records are made available for inspection. (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)
