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Code Rule 56 Related Helpful Information

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. You can view or print a copy of Code Rule 56 (open in a new window) in PDF format.

New - 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 regarding asbestos air/bulk sample collection and analysis methodologies.

Below is a link to the document:

Asbestos FAQs

Noteworthy issues include Q&As #5, 8 and 10 and regarding bulk sample analysis methodologies including analyzing suspect ceiling tile samples containing cellulose by NOB methodology, surface dust/residue sample collection/analysis, and treating vermiculite insulation as ACM because currently no reliable bulk analysis methodology exists for vermiculite.

2011 Amended Code Rule 56 Rule Making

We expect to revise Code Rule 56 again in 2011.

The main purpose of the revision is to clarify fire/life safety concerns at asbestos projects by making sure that:

  • Egress is not obstructed
  • The existing fire protection system is maintained and fully working
  • A plan exists for emergency evacuation

Also, asbestos abatement contractors must use fire-retardent materials to construct the asbestos project containment enclosure (sheathing, barriers, and decontamination system enclosure).  This way the materials do not contribute greatly to the added fire load in the building or structure.

DOL will add a requirement to install negative air ventilation system disconnect switch(es) below any asbestos project containment enclosures that cover:

  • An entire floor
  • An area greater than 15,000 sq. ft. on any given floor

This allows for shut off of this equipment during a fire.  These fire safety revisions reflect lessons learned from the fatal fire at 130 Liberty Street in New York City. 

In addition, the revision adds a requirement for review and acceptance of asbestos project documents regarding fire/life safety compliance with building and fire code regulations for implementation of the asbestos project, The review must be by a person currently certified with a CEO level of training by New York State Department of State or a registered design professional.

This revision also incorporates:

  • Changes in the statue to address successor asbestos abatement companies
  • Clarifications from the current guidance document

  • All existing applicable variances (as well as ones under consideration)

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

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:

Compliance Assistance Documents

The Department of Labor has developed the following Compliance Assistance Documents to supplement Code Rule 56:

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: labor.sm.sh.esu@labor.state.ny.us.

Code Rule 56 Presentations:

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.

ASBESTOS CONTROL BUREAU DISTRICT OFFICES

ALBANY DISTRICT

Counties - Albany, Clinton, Columbia, Dutchess, Essex, Green, Orange, Putnam, Rockland, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington

State Office Campus, Room 157, Albany, NY 12240
(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, Fulton, Hamilton, Herkimer, Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins

450 S. Salina Street, Syracuse, NY 13202
(315) 479-3215 (FAX) (315) 479-3451

ENGINEERING SERVICES UNIT

State Office Campus, Room 154, Albany, NY 12240
(518) 457-1536 (FAX) (518) 457-1301

"Workplace Safety Begins with You!"