The New York ACP9 form serves as an Asbestos Variance Application required by the Department of Environmental Protection for projects that necessitate deviations from standard asbestos regulations. This form must be completed and submitted at least two weeks before the commencement of any related work. To ensure compliance and facilitate the approval process, it is essential to fill out the form accurately and thoroughly.
Begin your application by clicking the button below.
The New York ACP9 form is a crucial document for individuals and organizations seeking a variance from specific asbestos regulations enforced by the New York City Department of Environmental Protection (DEP). This form is designed for those who need to deviate from the standard procedures outlined in Title 15, Chapter 1 of the Rules of the City of New York and Part 56 of Title 12 of the New York Codes, Rules, and Regulations. It requires applicants to provide detailed information about the facility where the work will take place, including the address and the specific areas affected by the proposed action. The applicant must also identify their role—whether as a contractor, consultant, or owner—and include a contact person for further communication. To ensure compliance, the form mandates a clear explanation of why standard procedures cannot be used and outlines alternative methods that will be implemented. Additionally, applicants must include color-coded drawings that identify the work areas and the locations of decontamination systems. The ACP9 form also includes a fee schedule based on the amount of asbestos-containing material (ACM) involved, with a maximum fee cap, ensuring that the financial aspect is transparent. Importantly, work cannot commence until the DEP has approved the application, underscoring the significance of adhering to regulatory requirements in asbestos management.
ONLY TYPEWRITTEN FORMS WILL BE ACCEPTED
Y D
EPA
NYC DEPARTMENT OF ENVIRONMENTAL PROTECTION
K
CIT
RT
R
M
E
Asbestos Control Program
O
W
Y
N
T
F
59-17 Junction Boulevard, 8th Floor, Corona, NY 11368-5107
I
Asbestos Variance Application
V
IO
C
ENTAL PR
w w w . n y c . g o v / d e p
FOR OFFICIAL USE ONLY
Variance #_____________________
Fee Paid ___________
Notification #___________________
I. FACILITY
Application must be
Address_____________________________________________ Borough ____________ Zip __________
made
at least
2
weeks
prior to
the
II. APPLICANT
start of work.
Name ___________________________________________________________
Tel # ____________________
Address _____________________________________________ City _________________________ State ______ Zip_________
Capacity: ¸Contractor ¸Consultant ¸Owner ¸Other_________________ Contact Person ______________________
Ill. SPECIFY ALL NYC DEP OR NYS DOL (ICR56) ASBESTOS RULE PROVISIONS FROM WHICH A VARIANCE IS REQUESTED
________________________________________________________________________________________________________
SPECIFY FLOORS AND/OR AREAS WHERE WORK INVOLVING THIS VARIANCE IS TO OCCUR
_________________________________________________________________________________________________________
REASONS FOR REQUEST AND DESCRIPTION FOR PROPOSED ACTION (ATTACHMENT(S) SHALL BE SUBMITTED IN TRIPLICATE)
Explain why the procedures required by Title 15, Chapter 1 of the Rules of the City of New York (RCNY) and/or Part 56 of Title 12 of New York Codes, Rules and Regulations (Subparts 56-4 through 56-17) cannot be used. (Attach ADDITIONAL Sheets)
State the alternative procedures that will be employed to satisfy each requirement as modified. (Attach ADDITIONAL Sheets)
Provide color coded drawings identifying work area(s) and location of decontamination enclosure system(s).
IV. FEE SCHEDULE
0
Amount of ACM affected by this variance: _______ square feet + _______ linear feet = Total Amount of ACM _________ feet
If total amount of ACM
is less than 5000 feet:
Is 5000 feet or more:
See Section 1-03(e)
Seven day notification period waiver
$300
$400
First sub-section (per category)
$600
of the NYCDEP
Each additional sub-section (per category)
$200
Asbestos Rules for
category definitions.
Maximum fee
$1200
$1800
Enter applicable fee based on schedule above
Total Fees $___________________
V.I hereby declare that the information provided herein and in any and all accompanying attachments is true and complete to the best of my knowledge. I understand that failure to comply with conditions set forth by the Department in an approval of the application shall render this variance null and void.
________________________________________________
_______________________________________________
Print Name of Owner
Print Name of Applicant (If not owner)
Signature of Owner
Date
Signature of Applicant
Work involving a variance may not commence prior to the receipt of the Department’s approval of the application. Any violation of the terms of any variance issued pursuant to Title 15, Chapter 1 of the RCNY Section 1-03 is considered a violation of the lettered subdivision modified by the variance.
ACP9 2/2001
Click here if you wish to obtain a voter registration form. Government services are not conditioned on being registered to vote. A voter registration form can also be obtained at http://nyc. gov/html/misc/html/register. html, or by calling (212) 868-3692.
Completing the New York ACP9 form is an essential step in the process of applying for an asbestos variance. This application must be submitted at least two weeks before the intended start of work. The information provided will be used to assess your request and ensure compliance with safety regulations. Below are the steps to fill out the form accurately.
After submitting the ACP9 form, you will await the Department's approval. Remember, work cannot commence until you receive this approval. Compliance with the conditions set forth in the approval is crucial to avoid any violations.
The New York ACP9 form is an Asbestos Variance Application used to request permission to deviate from specific asbestos regulations set by the NYC Department of Environmental Protection (DEP). This form is essential for any work involving asbestos that requires a variance from the standard procedures outlined in Title 15, Chapter 1 of the Rules of the City of New York and Part 56 of Title 12 of New York Codes, Rules, and Regulations.
Any contractor, consultant, owner, or other responsible party planning to conduct work involving asbestos in New York City must complete the ACP9 form. This includes those seeking to modify or request exceptions to existing asbestos control regulations. The application must be submitted at least two weeks before the planned start of work.
The ACP9 form requires several key pieces of information, including:
Additionally, applicants must provide color-coded drawings of the work areas and decontamination systems.
The fees for submitting the ACP9 form depend on the total amount of ACM affected:
It is crucial to accurately calculate and submit the correct fees along with the application.
Once the ACP9 form is submitted, the applicant must wait for approval from the NYC DEP before commencing any work involving asbestos. The application will be reviewed, and if approved, the applicant will receive a variance. It is important to adhere to all conditions set forth in the approval, as failure to comply may render the variance null and void.
Not using a typewritten format. The form explicitly states that only typewritten submissions will be accepted.
Failing to submit the application at least two weeks before the start of work. Timeliness is crucial for approval.
Omitting required information in the facility section. Ensure all fields, such as address and borough, are completed.
Neglecting to specify all NYC DEP or NYS DOL asbestos rule provisions from which a variance is requested. This section is critical for the review process.
Not providing detailed reasons for the variance request. Explain why standard procedures cannot be used.
Forgetting to attach necessary documents in triplicate. Attachments are essential for a complete application.
Incorrectly calculating the total amount of Asbestos Containing Material (ACM) affected. Ensure the math is accurate.
Not signing the application. Both the owner and applicant must provide their signatures and dates.
Beginning work before receiving approval from the Department. This can lead to serious violations.
The New York ACP9 form is a crucial document for individuals or entities seeking a variance in asbestos control procedures. Along with this form, several other documents may be necessary to ensure compliance with local regulations. Below is a list of these documents, each briefly described.
These documents collectively support the ACP9 form and facilitate a smoother approval process. Ensuring all necessary paperwork is completed accurately can help mitigate delays and enhance safety during asbestos-related projects.
The New York ACP9 form is similar to the New York City Department of Environmental Protection (DEP) Asbestos Notification Form. Both documents serve to inform the DEP about asbestos-related activities. The Asbestos Notification Form requires details about the work being done, including the location and type of asbestos involved. Like the ACP9, it emphasizes the importance of notifying the DEP prior to commencing work, ensuring that safety protocols are followed and that the environment is protected from potential hazards.
Another document that shares similarities with the ACP9 is the New York State Department of Labor (DOL) Asbestos Notification Form. This form is required for any asbestos-related work that falls under state regulations. It collects similar information about the worksite, the contractor, and the type of asbestos involved. Both forms prioritize safety and regulatory compliance, ensuring that the appropriate authorities are aware of the planned activities and can monitor them effectively.
The EPA Asbestos Demolition Notification Form is also comparable to the ACP9. This federal form must be submitted when demolishing structures that contain asbestos. Like the ACP9, it requires the identification of asbestos materials and the submission of plans for their safe removal. Both documents aim to protect public health and the environment by ensuring that asbestos is handled properly during demolition or renovation projects.
The New York City Building Permit Application is another document that resembles the ACP9. When applying for a building permit, contractors must disclose any asbestos-related work. This requirement aligns with the ACP9’s focus on notifying authorities about asbestos activities. Both forms facilitate compliance with regulations designed to safeguard public health and safety during construction or renovation projects.
The New York City Air Pollution Control Permit Application shares similarities with the ACP9 as well. This permit is necessary for any activity that may release pollutants into the air, including asbestos. The ACP9 requires applicants to specify the asbestos work being performed, while the Air Pollution Control Permit Application demands information about emissions and control measures. Both documents aim to regulate activities that could impact air quality and public health.
The New York State Environmental Quality Review (SEQR) Application is another relevant document. When a project may have environmental impacts, including those related to asbestos, a SEQR review is necessary. Similar to the ACP9, the SEQR Application requires detailed information about the project and its potential effects on the environment. Both forms help ensure that environmental considerations are taken into account before work begins.
The Hazardous Waste Manifest is also akin to the ACP9. This document is used to track the disposal of hazardous waste, including asbestos. When asbestos is removed, it must be properly documented to ensure safe handling and disposal. Like the ACP9, the Hazardous Waste Manifest emphasizes compliance with regulations designed to protect public health and the environment.
The New York City Department of Health and Mental Hygiene Asbestos Management Plan is another similar document. This plan outlines how asbestos will be managed in buildings and is required for compliance with health regulations. The ACP9, while focused on variances, also addresses how asbestos will be handled during work. Both documents aim to ensure that asbestos is managed safely to protect occupants and workers.
The Asbestos Abatement Project Plan is comparable to the ACP9 as well. This plan details the procedures and safety measures that will be implemented during asbestos removal. Similar to the ACP9, it requires a thorough understanding of the work to be performed and the potential risks involved. Both documents are essential for ensuring that asbestos is handled properly and safely during abatement activities.
Lastly, the New York City Department of Buildings (DOB) Work Permit Application is similar to the ACP9 in that it requires information about construction activities, including any asbestos-related work. The DOB application ensures that all necessary permits are obtained before work begins, mirroring the ACP9's requirement for prior approval from the DEP. Both forms are integral to maintaining safety and regulatory compliance in construction and renovation projects.
When filling out the New York ACP9 form, it is essential to follow specific guidelines to ensure the application is processed smoothly. Below is a list of things to do and not to do.
Understanding the New York ACP9 form can be tricky, and there are several misconceptions that can lead to confusion. Here’s a clear look at some of the most common misunderstandings:
By clearing up these misconceptions, you can navigate the ACP9 form process more effectively. Always ensure you have the correct information before proceeding with your application.
Filling out the New York ACP9 form is a crucial step for those seeking an asbestos variance. Here are some key takeaways to keep in mind:
By following these guidelines, you can navigate the ACP9 form process more effectively and ensure compliance with the necessary regulations.