Revisions to ICR 56: Fire & Life Safety and Asbestos Control Guidelines

1. 2009 ICR 56 Rulemaking & Guidance Document (v2.0)

2. Introduction • Review Variance time limits, Current AVs, Anticipated AVs for 2009 now to be included within the amended code & New Variance Petition Form SH752 • 2009 ICR 56 Rulemaking to address Fire & Life Safety Issues, successor law revisions, & minor clarifications • Explain the major revisions in the Guidance Document (v2.0) • Christopher Alonge, PE NYS DOL DOSH ESU Associate Safety & Health Engineer

3. Variance Decision Time Limits • Site-specific variances issued valid for one year (except K-12 schools – 2 years) • Multi-location variances issued (FWV, STWV, SWV) valid for 2 years • AV no specified time limit • BV issued for 3 years

4. Current Applicable Variances (all to be included within the amended ICR 56) • AV-A-1 Requirements for controlled demolition asbestos projects at municipally owned vacant residential buildings/structures (56-11.5) • AV-A-2 Requirements for extension of negative air exhaust tube greater than 25 foot in length (56-7.8) • AV-A-3 Non-friable ACM Floor Covering Mastic Removal Using Chemical Methods along with Low-speed Floor Buffers (56-11.7) • AV-A-4 Removal or Cleanup of Intact Minor Size Non-friable ACM Floor Tile (56-11.3)

5. AV-A-1(56-11.5) • AV-A-1 Requirements for controlled demolition asbestos projects at municipally owned 3333vacant residential buildings/structures • For structurally unsound buildings, 56-11.5 shall be followed. • For buildings not unsound, as per EPA NESHAP, an asbestos survey must be completed, and all friable ACM must be removed prior to demolition, as well as all non-friable ACM that will likely become friable during demolition. • Only non-friable ACM remains during controlled demolition. • All waste generated is still considered asbestos-contaminated, but as only non-friable ACM remains, disposal by appropriate legal means • Structural members, steel components and similar non-suspect items must be fully decontaminated as per ICR 56 prior to being treated as salvage

6. AV-A-2(56-7.8) • AV-A-2 Requirements for extension of negative air exhaust tube greater than 25 foot in length • For up to 100 ft. in length, prescriptive procedures for modification of tube to maintain flow (increase diameter, no obstructions, smooth bore, etc.) For over 100 ft. in length, engineering analysis performed by PE required to verify that the additional duct will not reduce the machine’s airflow below the acceptable value. • Booster Exhaust Fan Units – For any length exhaust tube, an unfiltered booster fan of equal flow capacity shall be installed per 25 foot of downstream exhaust ducting from the ventilation unit. Each booster fan shall shut down automatically if airflow from the upstream filtered ventilation unit is lost

7. AV-A-3 (56-11.7) • AV-A-3 Non-friable ACM Floor Covering Mastic Removal Using Chemical Methods along with Low-speed Floor Buffers • One-layer splashguard at bottom of walls • Hardwall Isolation Barriers not required at barrier locations only accessible to certified personnel • Low-speed Floor Buffer(<300RPM), with low abrasion pads • Remote p.decon allowed for work areas with HEPA-exhausted floor buffers, but no debris or residue allowed on waste bags/containers, decon floors or designated pathway floor surfaces • Attached Personal Decontamination Enclosure if Buffer not HEPA exhausted

8. AV-A-4 (56-11.3) • AV-A-4 Removal or Cleanup of Intact Minor Size Non-friable ACM Floor Tile. • O&M Minor size project allowed to be completed within regulated area instead of a negative pressure tent enclosure. • Floor tile must remain intact or substantially intact during removal and/or cleanup. • Drilling, sawcutting, use of chemical solvents, or use of any other method that may render the ACM friable or no longer substantially intact is prohibited. • Minimal breakage of ACM flooring is allowed, but the ACM matrix must remain substantially intact. • No Project Air Monitoring Required.

9. Potential AVs – anticipated to be included within amended ICR 56 • Mechanical fastening of Items/Components or Systems – Penetrating Through Non-friable ACM – As per OSHA – considered Class III asbestos project work • Small & Minor Size Asbestos Disturbance Cleanup Projects – to be used for cleanup of all type asbestos disturbances • Buried Non-friable ACM Piping O&M Abatement – For Owners with Buried ACM Piping – variance to apply to entire ACM piping system. • Allow use of Commercially Available Reusable Tent Enclosures for Minor size O&M Tent Enclosure Asbestos Projects • Prescriptive procedures for construction of a hardwall tunnel passing through a work area

10. Potential AV (56-11.3) • Mechanical fastening of Items/Components or Systems – Penetrating Through Non-friable ACM – Considered an O&M Asbestos Project (less than 10 sq. ft. ACM impacted) • Drilling Prohibited • ACM not to be used as structural support • O & M training and certification at a minimum • No generation of debris allowed during fastening operations • Cat. I NF ACM - Sealant/caulking applied to ACM surface at point of intended impact, system overlayment/attachment allowed • Cat. II NF ACM – Self-adhesive asphalt based ice & water shield to be installed to ACM surface at framing/support system point of intended fastener impact. System overlayment/attachment not allowed to be directly fastened to ACM

11. Potential AV (56-11.2) • Small & Minor Size Asbestos Disturbance Cleanup Projects – to be used for cleanup of all type asbestos disturbances • Exterior Non-friable Asbestos Cleanup Projects • Restricted area with minimum buffer zone requirements • Remote Personal Decon allowed – if manual wet methods to be used • Negative Air Containment Enclosure not required • Daily Abatement and Clearance Air Sampling required • Interior Non-friable Asbestos Cleanup Projects • Restricted area required • Remote Personal Decon allowed - if manual wet methods to be used • Negative Air Containment Enclosure required • Daily Abatement and Clearance Air Sampling required • Interior and Exterior Friable Asbestos Cleanup Projects • Restricted area required • Attached Personal Decon required • Negative Air Containment Enclosure required • Daily Abatement and Clearance Air Sampling required

12. Potential AV (56-11.9) • Buried Non-friable ACM Piping O&M Abatement – For Owners with Buried ACM Piping – variance to apply to entire ACM piping system • O & M training and certification at a minimum, including heavy equipment operators that potentially disturb ACM. Handler (worker) training and certification required if quantity of ACM j impacted is greater than minor size • Open air regulated abatement work area allowed, provided wet manual methods or wet powered shearing methods utilized. • Sawcutting not allowed. • Non-friable ACM not allowed to be rendered friable during abatement. • All generated debris removed from excavation

13. Potential AV (56-11.3) • Allow use of Commercially Available Reusable Tent Enclosures for Minor size O&M Tent Enclosure Asbestos Projects • Single layer commercial tent enclosures allowed that are constructed with minimum 12 mil thickness fire retardant plastic sheeting. • Commercially available tent enclosures must be designed for reuse at minor size asbestos projects and asbestos abatement contractor is responsible for following manufacturer instructions regarding use, including cleaning after use and repairs prior to reuse. • Lockdown encapsulant not required to be applied to interior of tent enclosure during final cleaning. • The tent enclosure shall be inspected prior to each use and repaired as necessary as per manufacturer instructions.

14. New Variance Petition Form SH-752 • SH-752 Form Approved 2/08 • Exclusive use required. DOSH-751 no longer accepted • Located On DOSH Website • Clarified Requirements • Petitioner, petitioner’s agent, and designer information • Explanation necessary if petition related to safety & health emergency • Completion of work area description table per work area and work procedure • Requires more comprehensive and detailed approach to submissions

15. Fire & Life Safety Issues - to be added within ICR56 • Accessible Means of Egress from all work areas shall be installed, marked inside and out, and shall be maintained throughout the asbestos project, as per all pertinent federal state and local regulations. In general, means of egress is a continuous and unobstructed path of vertical and horizontal egress travel from any occupied portion of a building or structure to a public way. A means of egress consisted of three separate and distinct parts: the exit access, the exit and the exit discharge. • If building is occupied, no alterations allowed to existing means of egress including exit signage and illumination. Means of egress must be maintained for the duration of the asbestos project • For unoccupied buildings undergoing construction or preparation for demolition, that are greater than fifty (50) feet in height, or four or more stories, at least one lighted stairway with adequate exit signage including directionality, shall be provided and maintained for the duration of the asbestos project • Maintain existing fire protection systems at building throughout asbestos project as per New York State Uniform Fire Prevention and Building Code requirements, and any local regulations. No person shall remove or modify any fire protection system installed or maintained under the provisions of the New York State Uniform Fire Prevention and Building Code without approval by the code enforcement official.

16. Fire & Life Safety Issues - to be added within ICR56 • Pre-demolition asbestos projects at vacant buildings with an existing standpipe, must have such standpipe maintained in an operational condition to one floor below the asbestos project work. • A copy of the current prefire plan for the asbestos project shall be available on-site and a copy shall be provided to the Fire Chief having jurisdiction at the site. Emergency evacuation route maps for each work area shall be posted at the attached decontamination system enclosures, the ground floor lobby or comparable location, and at all exits from each work area. • If variation from The New York State Uniform Fire Prevention and Building Code or local regulations is required for fire or life safety issues relating to, or resulting from the asbestos project, all appropriate permits must be obtained using New York State registered design professionals as required by pertinent state or local agency. If a permit is not required for the variation, then written approval of the variation must be obtained from the pertinent agency and made part of the project record. This documentation must be available on-site for the duration of Phase II of the asbestos project. Copies of each approved variation to pertinent regulations shall be given to the Fire Chief having jurisdiction at the site, prior to implementation of the variation.

17. Fire & Life Safety Issues - to be added within ICR56 • Negative Air Ventilation System Disconnect Switch. If the containment enclosure area of an asbestos project covers the entire floor of the affected building/structure, or an area greater than 15,000 square feet on any given floor, then the installation of a negative air ventilation system disconnect switch or switches shall be required at a single location one floor below the lowest floor of the containment enclosure work area, such as inside a stairwell, or at a secured location in the ground floor lobby when conditions warrant. The required switch or switches shall be installed by a licensed electrician in compliance with all applicable state and local building and fire codes. The required switch or switches shall be maintained by the asbestos abatement contractor throughout Phase II of the asbestos project. If negative air ventilation equipment is used on multiple floors, the disconnect switch or switches shall be able to turn off the equipment on all floors. The switch or switches location shall be coordinated with the Fire Chief who has jurisdiction at the site, and notice of the switch or switches location shall be posted in the ground floor lobby or comparable location.

18. Fire & Life Safety Issues - to be added within ICR56 • Fire-Retardant Plywood. All sheathing used for construction of temporary barriers and decontamination system enclosures at Phase II asbestos project operations shall be minimum 3/8-inch thickness fire-retardant plywood. • Exits. Exits from the regulated abatement work area shall be maintained or alternate exits shall be established and appropriately signed according to all applicable codes. Temporary hardwall barriers are not required at work area exit locations. Exits shall be inspected daily by the supervisor for blockage or impediments to exiting. Signs clearly indicating the direction of exits shall be maintained and prominently displayed within the work area. Exits from the work area shall be constructed using two (2) layers of at least six (6) mil fire-retardant plastic sheeting sealed airtight with duct tape. Utility knives shall be taped to the work area side of each exit once the exit has been established.

19. Fire & Life Safety Issues - to be added within ICR56 • Barriers Over Active Fire Protection System Components. Active fire protection system components shall not be considered fixed objects subject to plasticization, and shall not be obscured with critical barriers or isolation barriers. • Exposed fire protection system devices shall be cleaned by wet-wiping and/or HEPA-vacuuming during each required stage of cleaning. • Notifications. On each NYS DOL asbestos project notification, the name, current NYS certification/ professional license and registration number, and contact phone number must be provided, for the code compliance technician or registered design professional who has reviewed the project documents and provided written acceptance of compliance with all applicable federal, state and local building and fire code regulations, for implementation of the asbestos project. The written acceptance shall be made part of the project record.

20. Fire & Life Safety Issues - to be added within ICR56 • All variance petition submissions shall include a statement by a current New York State registered design professional in New York State regarding compliance with all aspects of The New York State Uniform Fire Prevention and Building Code and local regulations for fire or life safety issues relating to, or resulting from the asbestos project. Form DOSH-752 to be revised accordingly. • If variation from The New York State Uniform Fire Prevention and Building Code or local regulations is required for fire or life safety issues relating to, or resulting from the asbestos project, all appropriate permits must be obtained using a New York State registered design professional as required by pertinent state or local agency. If a permit is not required for the variation, then written approval of the variation must be obtained from the pertinent agency and made part of the project record. This documentation must be provided with each variance petition.

21. ICR 56 Guidance Document (v2.0) Development • The Code Rule can not address every situation. DOL has developed the guidance document to supplement the regulation and to assist stakeholders in implementing the regulation • The most recent revision of the guidance document is based upon current interpretations/clarifications and responses to pertinent questions received • Located on DOL website • Dynamic in nature - first revision released in 2009 ~ 340 questions/answers

22. MAJOR ISSUES INCLUDED WITHIN 1ST REVISION OF GUIDANCE DOCUMENT

23. Cleanup of Uncontrolled ACM Disturbance • Q: Who is responsible? • A: Upon discovery of uncontrolled disturbance, the Owner must contract with licensed asbestos contractor for immediate isolation and cleanup of disturbed ACM • The Owner shall vacate and generally isolate (cordon off and turn off impacted HVAC systems) the room/area/space from remainder of building/structure, until Asbestos Contractor arrives on site for completion of isolation procedures and immediate clean up of disturbance.

24. Asbestos Cleanup Project Preliminary Requirements For all cleanup scenarios the following applies: • Once a disturbance (debris) is discovered, it must be cleaned up as soon as possible. • For all disturbances, the room/space/area must be vacated and isolated immediately, and an asbestos contractor must be hired for appropriate cleanup of affected room/area/space. • Currently, a site-specific variance is necessary for cleanup of any disturbance other then a Minor size incidental disturbance. • For all asbestos cleanup projects, quantification is based on the affected square footage of the surfaces to be cleaned up, not the quantity of ACM prior to disturbance.  • Once the affected room/space/area has been vacated and isolated, the extent of contamination shall be determined by a certified inspector (working with a project designer if a variance is anticipated), using air sampling technicians and additional inspectors as necessary.  These certified individuals shall use visual debris/contamination identification and assessment, static (ambient) air sampling of the potentially contaminated area, and adequate bulk sampling/analysis of the remaining dust and debris to define the limits of the contamination that must be cleaned up.

25. Asbestos Cleanup Project Preliminary Requirements (cont.) • For all minor size cleanups [see 2.1(b)(p) definition] emergency notification as per 56-3.5 and 56-11.2 must occur [phone call to local ACB district to notify the supervisor of the pertinent details regarding the minor size asbestos project cleanup], prior to proceeding with the cleanup as per 56-11.2(f).  • In addition, any cleanup scenario over a minor size (10 sq. ft. of affected surfaces to be cleaned), requires submission of a site-specific variance petition. • For cleanups that require submission of a site-specific variance petition, the project designer shall include within the variance petition, a plan for cleanup (along with any necessary removals or repair of damaged materials) that will take into account accessibility, air movement, exposure potential and other pertinent conditions that may affect the proposed procedures.  • If the project designer requests delay of scheduling the necessary cleanup projects, appropriate supporting information must be provided and necessary precautions must be included for maintaining isolation of the affected area until cleanup is scheduled and completed.  The Department will review the plan, assessment of exposure potential and proposed procedures, prior to granting a variance decision that will not adversely affect the building occupants or the general public.

26. Overlayment of ACM Roofing/Flooring • Q: Is overlayment of ACM floor tile with mastic and carpet, and/or covering with floor leveler an asbestos project? • A: Overlayment of a floor, wall, ceiling or roofing system over an intact non-friable ACM using an adhesive or leveling compound is not considered an asbestos project unless the ACM is disturbed during the overlayment procedure. • Any penetrations to the ACM or impact to the intact ACM matrix would be considered a disturbance. • Note: non-asbestos contractor performing overlayment must be informed of the presence and location of the ACM, and that disturbance is prohibited. All on-site contractor personnel must have current OSHA asbestos awareness training.

27. Bulk Samples – Minimum # Required • Q: For miscellaneous materials, the EPA states that bulk sampling should be performed as follows: • Miscellaneous material & Non-friable suspected ACBM. In a manner sufficient to determine whether material is ACM or not ACM, an accredited inspector shall collect bulk samples from each homogeneous area… Does this mean for miscellaneous and non-friable ACBM, a minimum of two samples per homogeneous area must be collected and analyzed to verify the material is negative? • A: Yes, you are correct. As provided by EPA, “EPA agrees that the regulations cited (AHERA 763.86 c&d) use the plural word "samples" and, therefore, two samples are the minimum number of samples for miscellaneous material and nonfriable suspected ACBM.” Thus, if a minimum of two bulk samples have not been collected and analyzed, then the homogenous area is still assumed to be ACM until the appropriate number of bulk samples have been collected and analyzed. Only with an adequate number of negative bulk sample analyses, can the ACM assumption be rebutted as per OSHA, and EPA requirements.

28. Asbestos Survey Requirements • Q: When performing an inspection in areas that have a drop ceiling which is not itself ACM, with known friable ACM and/or PACM above, can these tiles be removed to perform sampling of PACM and/or determine the quantities and condition of ACM and PACM? Section 7.11 (f) (4) does not allow for a drop ceiling to be removed unless the area is contained and under negative pressure, however this section deals only with work area preparation. Does this also pertain to the inspection process as well? • A: Regarding inspection/survey of interstitial ceiling spaces, appropriate PPE should be worn, and if debris is discovered above a suspended ceiling, the inspector must notify the owner of the debris and required cleanup. The inspector should immediately exit the contaminated space, as no engineering controls have been installed and any further access to the contaminated space may potentially spread the contamination. Once the necessary debris clean up complete, a certified inspector may complete the remainder of the required inspection.

29. Conflict of Interest • Q: Can a company that is a licensed asbestos handler (restricted) hire an abatement contractor for a project on behalf of a client, and also conduct the air sampling and/or project monitoring for that project? • A: If a consulting firm (as a representative of the building owner) contracts the abatement contractor to complete the asbestos project, that consultant can not perform the area air sampling or the project monitoring for the asbestos project. [see 56-4.4(a), 56-9.1(d)(1) & 56-9.2(e)(1)]. • Q: Can a licensed asbestos contractor perform an asbestos survey for a project and also do the abatement? • A: The conflict of interest arises with Oversight of the Phase II abatement work. The asbestos abatement contractor could perform the Phase I asbestos survey, or the project monitoring firm, or the air monitoring firm, or the project design firm. It doesn’t matter which asbestos contractor performs the survey, it is not considered a conflict as it is completed prior to Phase II.

30. Waste Clean-up in Work Area • Q: May I temporarily store single bagged ACM in the work area until removal is complete? • A: At no time can the single-bagged waste that is temporarily stored in the regulated abatement work area impede entry/exit to or from the work area. • For example, a room within the work area (not part of the egress route from the work area) may be designated as a temporary storage area for single-bagged waste, until a waste bagout can be scheduled, but a hallway that is part of the egress route in the work area, could not be used for temporary storage of waste bags as the work area egress route would be impeded. • Obviously, all waste bags/containers must be removed from the work area prior to commencement of the project monitor visual inspection required as per ICR 56-9.

31. Clearance Air Sampling Aggressive Techniques • Q: Is the use of aggressive air sampling techniques required for collection of clearance air samples from a regulated abatement work area without a negative pressure enclosure (full containment or tent enclosure)? • Answer: • For exterior regulated abatement work areas that are not required to have a negative pressure containment enclosure of some kind, aggressive methods are not be required to be utilized. • However, nothing is currently included in ICR 56 regarding relief from aggressive air sampling procedures for interior asbestos projects completed without a negative pressure enclosure, such as wrap and cut asbestos projects completed as per 56-11.8(b)(4). For these type of asbestos projects, clearance air sampling is required, but as there is no negative pressure enclosure, the Department agrees that consistent with intent, aggressive sampling techniques should not be used for this situation. • For interior wrap and cut asbestos projects, the next revision to the code will require daily abatement air sampling both inside and outside of the work area and allow the use the most recent set of daily abatement air sample results for comparison to clearance criteria. These satisfactory air sample results in combination with a satisfactory project monitor visual inspection would serve as acceptable clearance for the work area. • No revision for in-plant projects, just clarify that negative air ventilation is required in any work area during aggressive clearance air sampling. This clarification will be included within the next revision to ICR 56

32. Minor Size Project/Work Area Requirements • Q: Is continuous negative air with 4 air changes per hour required to be established and maintained until air clearance is received? • Answer: • Negative air must be established as per 7.8(a) and maintained throughout the abatement and cleaning process. However as indicated in 56-11.3(e)(7-10), once the final cleaning is complete, 20 minutes have elapsed, the satisfactory visual inspection is complete, and all workers have exited the tent enclosure, the tent shall be sealed and the HEPA vacuum shut down. • However, for multiple minor tent enclosures that comprise a small or large project, satisfactory clearance air samples are also required in addition to the satisfactory supervisor visual inspection [see 56-9.2(d)(4)]. In this situation, as the tent enclosure has not yet met clearance criteria (satisfactory visual plus satisfactory clearance air samples), the negative air must be re-established prior to the start of clearance air sampling, as the air sampling technician must enter the tent enclosure for collection of the interior air sample.  After the technician has completed collection of the clearance air samples and 20 minutes have elapsed, the tent may be resealed and the HEPA vacuum shut down. This clarification will be included within the next revision to ICR 56.

33. Wrap & Cut Asbestos Projects • Q: For a Small or Large project, is it the intent of the Code for clearance samples to be required for each negative pressure enclosure (tent) where insulation is removed to allow for the cuts; multiple Minors as part of a Large or Small project per 56-4 Table 2?  Do the tents used for glovebag removals at locations where pipe is cut require clearance sampling prior to cutting and removing the pipe and subsequent clearance of the entire area? • Answer: • The individual tent enclosures do not require clearance air samples to be collected, only a visual inspection by a supervisor (for all size work areas) followed by a project monitor visual inspection (for small and large size work areas).  After a satisfactory visual inspection, the tent(s) may be broken down.  • Once all abatement work and cleaning is complete within the work area, then a visual inspection is completed for the entire work area as per ICR 56, prior to commencement of clearance air monitoring as necessary, per ICR 56.