N.Y. Labor Law § 904: Notice and recordkeeping requirements

§ 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.