Asbestos Survey

[jwilly3879]

I've been doing Code Enforcement for 16 years and just learned something new today. This was never presented in any of the training I have taken.

Q. When does a property owner have to get an asbestos survey done?

A. An asbestos survey must be completed by a certified Asbestos Inspector whenever all or

part of a building or structure will be demolished, renovated, remodeled or repaired. The

survey will determine if the planned work will disturb asbestos material

This is from NYS Dept of Labor.

Not my jurisdiction but I have been asked by the neighboring Town to fill in for their inspector who is out on sick leave. The project in question now has a suit against all involved for failure to have an Asbestos Survey performed prior to a partial renovation of the Building.

 

[cda]

My first house 30 years ago had asbestos shingles and I as told by several people if they were removed or cut would have to have a professional do it.

Have you asked a couple of bigger cities in your area??

 

[cda]

https://www.health.ny.gov/environmental/indoors/asbestos/guide.htm

 

[cda]

No date on this

New York State Labor Law (Article 10, Section 241section 241.10) and the Code require a survey of the impacted portion of the building to identify the presence of asbestos prior to advertising for bids or contracting for or commencing work on any demolition/renovation work on a building. The Code requires that this survey must be sent to the local government unit responsible for issuing the demolition/renovation permit. Note that only copies of the demolition or pre- demolition survey must be sent to the Department of Labor, Asbestos Control Bureau. Also, prior to commencement of demolition/renovation work, the impacted asbestos identified in the survey must be removed in compliance with the Code. Your assistance, as specified below, would facilitate our enforcement efforts and help avoid the necessity of citing building owners who violate the statute and code:

https://labor.ny.gov/workerprotection/safetyhealth/PDFs/Asbestos/Code%20Enforce%20Bldg%20Permit.pdf

 

[jwilly3879]

After searching I found some info about this. Other CEO'a in the area were also unaware of this requirement.

This will affect just about every permit around here.

 

[mtlogcabin]

It will only affect you permits if you make it a requirement for them to provide the document in order to issue the permit. Remember it is another agencies rule that never consulted with you about the practicality of this requirement and now they are asking for you to do their job. What do you car about where the asbestos is located that is not within your jurisdiction. Just have the applicant sign a form stating they have submitted the following

"copies of the demolition or pre- demolition survey have been sent to the Department of Labor, Asbestos Control Bureau".

 

[jwilly3879]

It is the neighboring Town and their CEO is gravely ill and they have hired me to fill in until they find a replacement. I have been asked to sit in on the meetings about the possible suit and in the interest of being informed I have been researching the subject.

This is NY and things get very confusing as to who has jurisdiction for enforcing this law. From what I gather so far it is the owner or owners agent that is responsible having the survey done. The basis for the suit is in part that a Building Permit should have never been issued because there was no survey performed. The renovation was designed by a private firm with a project supervisor and nobody knew about this requirement?

With so many laws people often never know they violated one until something happens.