Overview
Code Rule 56 – Asbestos (effective March 21, 2007)
On March 21, 2007, the New York State Department of Labor adopted corrections for Code Rule 56 to incorporate Federal Standards and to correct typographical errors.
On April 8, 2011 the New York State Department of Health Environmental Laboratory Approval Program (ELAP) issued a list of frequently asked questions and answers (FAQ) regarding asbestos air/bulk sample collection and analysis methodologies. On June 22, 2012 ELAP revised this document as it relates to vermiculite bulk sample analysis and has also issued more specific guidance on vermiculite bulk sample analysis.
Noteworthy issues covered within these documents include bulk sample analysis methodologies analyzing suspect ceiling tile samples containing cellulose by NOB methodology, surface dust/residue sample collection/analysis, and guidance on bulk sample analysis of vermiculite insulation and vermiculite containing materials, as currently there is no reliable bulk analysis methodology for vermiculite.
On July 9, 2013 the New York State Department of Health issued an interim guidance letter to provide a testing alternative for materials containing vermiculite. This is to be used until new testing methods are established that effectively remove vermiculite from test samples and accurately identify asbestos. The following guidance letter supersedes and replaces FAQ #10, as well as the June 22, 2012 guidance letter: guidance letter
Variances
Where there are practical difficulties in complying with Code Rule 56, DOL may provide relief in the form of a variance decision. The Asbestos Variances Fact Sheet (open in a new window) explains the types of variances that DOL issues:
- Applicable Variance
- Blanket Variance
- Site-Specific Variance
- Multi-Site Variance
You can now apply for an asbestos variance using the Management System for Protecting Workers' rights (MPWR). This completely online system speeds up the application process and makes information about applications readily available.
Using MPWR, applicants can:
- Submit their information, upload the required documentation, and pay online in one easy step.
- Receive real-time updates about the status of issues with respect to their application when they opt-in to receive electronic communications.
The apply online, go to dol.ny.gov/mpwr and login with your personal.ny.gov account. If this is your first time applying online, click on "New Request" and select the application you want. If you do not have a personal.y.gov account, select the option to "Create Account." If you experience problems creating the NY.GOV ID account. or if you are unable to sign into your NY.GOV ID account, please call 1-800-833-3000 for assistance.
Please click here to view a video recording for instructions on using MPWR to submit an asbestos variance application.
Further:
- A currently trained and DOL-certified Project Designer (who works for a DOL-licensed asbestos contractor) must prepare and submit each variance petition
- All new Site-Specific Variance decisions will remain in effect one year from the date of issuance (unless otherwise stated)
- DOL has terminated all Applicable Variances, Blanket Variances and Multi-Site Variances based upon the November 9, 1994 version or earlier versions of Code Rule 56
Existing Applicable Variances
- All Applicable Variances will be numbered consecutively as AV-A-#.
- Existing Applicable Variances are listed below:
- Controlled Demolition of Municipally-Owned Vacant Residential Buildings/Structures up to 3-Stories in Height AV-A-1 (open in a new window)
- Negative Air Ventilation Exhaust Greater Than 25 Foot in Length AV-A-2 (open in a new window)
- Non-friable ACM Floor Covering Mastic removal Using Chemical Methods along with Low-speed Floor Buffers AV-A-3 (open in a new window)
- Removal or Cleanup of Intact Minor Size Non-friable ACM Floor Tile AV-A-4 (open in a new window)
Compliance Assistance Documents
The Department of Labor has developed the following Compliance Assistance Documents to supplement Code Rule 56:
- Guidance Document for (v2.0) on Amended Industrial Code Rule 56 AGD-v2.0 (open in a new window)
- Asbestos Variances Fact Sheet AFS-1 (open in a new window)
The Guidance Document is in a question and answer format to help you apply Code Rule 56. DOL revises this document periodically to add new questions and appropriate responses as they develop.
You can submit questions or comments for the Guidance Document to the following email: [email protected].
Contact Asbestos Control Bureau
The Asbestos Control Bureau enforces Code Rule 56.
If you have any more questions or need further help regarding the Code Rule or any other asbestos matter, please contact your Asbestos District Office from the list below or call the Engineering Services Unit at (518) 457-1536.
Albany District
Counties- Albany, Clinton, Columbia, Dutchess, Essex, Fulton, Green, Montgomery, Orange, Putnam, Rockland, Rensselaer, Saratoga, Schenectady, Schoharie, Sullivan, Ulster, Warren, Washington
State Office Campus, Room 157, Albany, NY 12226
(518) 457-1255 (FAX) (518) 485-8054
(518) 457-2072 (FAX)(518) 485-1740 (Field Office)
Buffalo District
Counties- Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Wayne, Wyoming, Yates
65 Court Street, Rm. 405, Buffalo, NY 14202
(716) 847-7601 (716) 847-7126 (FAX) (716) 847-7138
New York City District
Counties- Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester
One Hudson Square, 75 Varick Street, 7th Floor, New York, NY 10013
(212) 775-3538 (FAX) (212) 775-3527
Syracuse District
Counties- Allegany, Broome, Cayuga, Chemung, Chenango, Cortland, Delaware, Franklin, Hamilton, Herkimer, Jefferson, Lewis, Madison, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, Schuyler, Seneca, Steuben, Tioga, Tompkins
450 S. Salina Street, Syracuse, NY 13202
(315) 479-3215 (FAX) (315) 479-3451