§ 904 — Notice and recordkeeping requirements

§ 904. Notice and recordkeeping requirements. 1. Each contractor shall\nkeep and maintain for at least thirty years a record of each asbestos\nproject in which it engages, which record shall include the following\ninformation: the name, address and social security number of the person\nwho supervised the asbestos project; the location and description of the\nasbestos project; the amount of asbestos or asbestos material that was\nremoved, enclosed, encapsulated, or disturbed; the starting and\ncompletion date of the asbestos project; the name and address of the\ndeposit or waste disposal site or sites where the asbestos material was\ndeposited or disposed of; the name and address of any interim storage\nsites used for the asbestos or asbestos materials prior to deposit or\ndisposal; the name and address of any transporters used to move asbestos\nor asbestos material; the name, address and social security number of\nall persons who worked on the asbestos project; and any other\ninformation which the commissioner may require.\n 2. Any contractor engaged in an asbestos project involving more than\ntwo hundred sixty linear feet or more than one hundred sixty square feet\nof asbestos or asbestos materials shall notify both the United States\nEnvironmental Protection Agency, Region II, Air and Hazardous Material\nDivision and the commissioner in writing ten days prior to the\ncommencement of work on the project or, if emergency conditions make it\nimpossible to provide ten days prior notice, as soon as practicable\nafter identification of the project. The notice to the commissioner\nshall include the following information: the name, address and asbestos\nhandling license number of the contractor working on the project; the\naddress and description of the building or area, including size, age and\nprior use of the building or area; the amount of friable asbestos\nmaterial present in square feet and/or linear feet, if applicable; room\ndesignation numbers or other local information where such asbestos\nmaterial is found unless such material is found throughout the entire\nstructure; the scheduled starting and completion dates for removal; the\nprocedures and equipment, including ventilating systems that will be\nemployed; any additional information which the commissioner may require;\nand shall be accompanied by a project notification fee as follows:\n Project Size/Linear Feet Fee\n 260-429 $200\n 430-824 400\n 825-1649 1,000\n 1650 or more 2,000\n Project Size/Square Feet Fee\n 160-259 $200\n 260-499 400\n 500-999 1,000\n 1000 or more 2,000\n 2-a. The project notification fee imposed by subdivision two of this\nsection shall be waived if the project is being undertaken by or on\nbehalf of a city, town, village, or county that is abating or\ndemolishing a building that is a public nuisance or unsafe. Such waiver\nshall apply only if the city, town, village or county certifies in\nwriting that the project cost will exceed the resulting value of the\nproperty.\n 2-b. The project notification fee imposed by subdivision two of this\nsection shall be waived if the project is being undertaken: (a) pursuant\nto a plan adopted pursuant to article fifteen of the general municipal\nlaw; (b) pursuant to a plan adopted pursuant to article eighteen-C of\nthe general municipal law; or (c) by or on behalf of a land bank\noperating pursuant to article sixteen of the not-for-profit corporation\nlaw.\n 3. Upon the expiration, revocation or non-renewal of an asbestos\nhandling license, or at any other time at the request of the\ncommissioner, any records required to be kept pursuant to this section\nshall be given to the commissioner.\n 4. A contractor shall post or otherwise provide for written\nnotification to residential and business occupants of a building ten\ndays prior to the commencement of work on any asbestos project in the\nbuilding or, if the work is scheduled to begin less than ten days after\nthe execution of the contract, at least three days prior to the\ncommencement of work, or if emergency conditions make it impossible to\nprovide ten days notice or three days notice as applicable, as soon as\npracticable after identification of the project. The notification shall\nbe made in such a manner and shall contain such information as is\nreasonably necessary to advise such occupants of any asbestos project in\nthe building, according to regulations promulgated by the commissioner.\nIf posted, such notice shall remain in place until completion of the\nproject. It shall be a violation of this chapter for any person to\ninterfere with the obligations of a contractor under this subdivision.\n