The ACP5 Form and Asbestos in NYC

ACP5 FORMS AND WHAT THEY MEAN

The ACP5 form is crucially important for owners looking to take on any demolition, renovation or construction project subject to approval by New York City authorities, particularly when such project might involve disrupting Presumed Asbestos Containing Material (PACM). In this instance, an expert asbestos investigator will need to first carry out an asbestos survey, in order to safeguard workers and residents within the project area. However, the individual hired must have been duly certified by the New York City Department of Environmental Protection to carry out asbestos inspection service.

Also, only asbestos investigators duly certified by the Department or New York State Department of Labor may be allowed to collect bulk samples for asbestos analysis. Bulk samples are collected for analysis to verify whether suspect materials contain traces of asbestos or not. And such analysis can be performed only within New York State Department of Health administered laboratories under the Environmental Laboratory Approval Program (ELAP).

WHAT MATERIALS CONTAIN ASBESTOS?

The potentially harmful material has traditionally been used in many goods and materials used for building construction. Asbestos containing materials (ACM) may have anywhere from 1% to 100% of asbestos. The following materials are particularly likely to contain asbestos:

·        Floor and ceiling tiles

·        Fireproofing and insulation materials

·         Insulation materials for pipes and boilers

·        Roofing shingles and tars 

·        Putties, caulks, paints, and cements

·        Plaster, wallboard and joint products

·        Friction products. These include clutch facings and vehicle brake linings.

Vermiculite products commonly used for insulation purposes are also likely to have some asbestos. “Friable” asbestos are asbestos-containing materials that can easily be crushed by hand pressure. These materials are especially dangerous since they are most likely to release particulate fibers into the air when disturbed during construction. Their dispersal is also enhanced by deterioration of binders like cement and plaster over time. Friable ACMs often include sprayed-on ceiling texture or insulation, fireproofing on structural beams, troweled-on plaster, acoustical insulation and thermal pipe insulation. It is noteworthy that visual inspection of materials may not sufficiently verify the presence or lack thereof of asbestos.

WHEN SHOULD PROPERTY OWNERS CONDUCT AN ASBESTOS SURVEY?

Due to the inherent dangers, materials suspected to contain asbestos must be investigated whenever a property owner intends to carry out any renovation, remodeling, repair or demolition. This survey will allow investigators to establish whether asbestos needs to be abated off materials before the project can start.  

ASBESTOS ASSESSMENT REPORT

Before continuing any project, an asbestosassessment report (Form ACP-5) will be provided, if the building or any part that of the project area is free of asbestos, as well as in cases where the threat of asbestos is considered minor and the abatement, a fairly simple task. This form, completed, signed and sealed by a certified asbestos expert, shall then be submitted prior to obtaining construction document approval by relevant authorities and before any project amendment approval which widens the project different from the initial arrangement.

WHEN ABATEMENT IS REQUIRED

If the project contains materials with considerable asbestos load, a certified investigator must be hired to abate asbestos-containing materials. An independent air-monitoring firm will also be required to ensure safety during all phases of the project.

Completed Abatement Work

With the process of ridding asbestos off suspect materials completed, applicants are required to obtain either ACP 20 Asbestos Project Conditional Completion Form or ACP 21 Asbestos Project Completion Form from DEP. These documents must also be submitted before approval and issuance of a DOB permit by the Department of Buildings.

ASBESTOS AIR SAMPLING

PERSONS QUALIFIED TO PERFORM SAMPLING AND ANALYSIS

Any party hired for asbestos analysis must have a valid NYSDOL asbestos handling license, and they must also be able to carry out the task independent of other parties that may be involved in the project. Hence, the third party air sampling inspector shall not, in any way, be a subcontractor of the abatement contractor. As such, they will have no personal, business or any other form of relationship with the abatement contractor.  Thus, it is required that the applicant shall not consult or consider advice from the abatement contractor prior to an air monitoring firm.

SUPPLEMENTAL AIR MONITORING 

Together with a comprehensive visual and physical inspection program for asbestos analysis, an O&M program will include a properly designed air monitoring program that may be invaluable in providing leads to airborne asbestos hazards. Employers are also required to conduct both initial and scheduled air sampling activities if employees will otherwise be exposed to exceedingly high concentration of airborne asbestos fibers during a project.