904. Notice and recordkeeping requirements. 1. Each contractor shall keep and maintain for at least thirty years a record of each asbestos project in which it engages, which record shall include the following information: the name, address and social security number of the person who supervised the asbestos project; the location and description of the asbestos project; the amount of asbestos or asbestos material that was removed, enclosed, encapsulated, or disturbed; the starting and completion date of the asbestos project; the name and address of the deposit or waste disposal site or sites where the asbestos material was deposited or disposed of; the name and address of any interim storage sites used for the asbestos or asbestos materials prior to deposit or disposal; the name and address of any transporters used to move asbestos or asbestos material; the name, address and social security number of all persons who worked on the asbestos project; and any other information which the commissioner may require.
2. Any contractor engaged in an asbestos project involving more than two hundred sixty linear feet or more than one hundred sixty square feet of asbestos or asbestos materials shall notify both the United States Environmental Protection Agency, Region II, Air and Hazardous Material Division and the commissioner in writing ten days prior to the commencement of work on the project or, if emergency conditions make it impossible to provide ten days prior notice, as soon as practicable after identification of the project. The notice to the commissioner shall include the following information: the name, address and asbestos handling license number of the contractor working on the project; the address and description of the building or area, including size, age and prior use of the building or area; the amount of friable asbestos material present in square feet and/or linear feet, if applicable; room designation numbers or other local information where such asbestos material is found unless such material is found throughout the entire structure; the scheduled starting and completion dates for removal; the procedures and equipment, including ventilating systems that will be employed; any additional information which the commissioner may require; and shall be accompanied by a project notification fee as follows:
Project Size/Linear Feet Fee
260-429 $200
430-824 400
825-1649 1,000
1650 or more 2,000
Project Size/Square Feet Fee
160-259 $200
260-499 400
500-999 1,000
1000 or more 2,000
2-a. The project notification fee imposed by subdivision two of this section shall be waived if the project is being undertaken by or on behalf of a city, town, village, or county that is abating or demolishing a building that is a public nuisance or unsafe. Such waiver shall apply only if the city, town, village or county certifies in writing that the project cost will exceed the resulting value of the property.
2-b. The project notification fee imposed by subdivision two of this section shall be waived if the project is being undertaken: (a) pursuant to a plan adopted pursuant to article fifteen of the general municipal law; (b) pursuant to a plan adopted pursuant to article eighteen-C of the general municipal law; or (c) by or on behalf of a land bank operating pursuant to article sixteen of the not-for-profit corporation law.
3. Upon the expiration, revocation or non-renewal of an asbestos handling license, or at any other time at the request of the commissioner, any records required to be kept pursuant to this section shall be given to the commissioner.
4. A contractor shall post or otherwise provide for written notification to residential and business occupants of a building ten days prior to the commencement of work on any asbestos project in the building or, if the work is scheduled to begin less than ten days after the execution of the contract, at least three days prior to the commencement of work, or if emergency conditions make it impossible to provide ten days notice or three days notice as applicable, as soon as practicable after identification of the project. The notification shall be made in such a manner and shall contain such information as is reasonably necessary to advise such occupants of any asbestos project in the building, according to regulations promulgated by the commissioner. If posted, such notice shall remain in place until completion of the project. It shall be a violation of this chapter for any person to interfere with the obligations of a contractor under this subdivision.
Last modified: February 3, 2019