Asbestos and Renovation in NYC and Long Island: Surveys, Abatement, and Permits Explained

Asbestos was used in many building materials for decades. If you are renovating or demolishing part of an older building in New York City or on Long Island, asbestos rules are likely to affect the order of your project. This guide explains the process so you can plan for it. Valley Brothers Construction does not perform asbestos surveys or abatement; licensed asbestos professionals handle that work, and we plan renovation work around it.

Where asbestos is found

The New York State Department of Labor (DOL) lists common asbestos-containing materials, including:

• Insulation on pipes and boilers
• Fireproofing
• Plaster, wallboard, and joint compound
• Putties, caulks, paints, and cements
• Floor tiles and ceiling tiles
• Siding shingles, roofing shingles, and tars

Older buildings are more likely to contain these materials. NYC DOB notes that pre-1987 buildings may have pipes and equipment insulated with asbestos or walls, floors, ceilings, and roofing made with asbestos-containing material. You cannot tell by looking; only testing confirms it.

How New York defines asbestos-containing material

Under New York State Industrial Code Rule 56 (12 NYCRR Part 56), asbestos-containing material (ACM) is any material containing more than 1% asbestos. Materials that have not been tested but are assumed to contain asbestos are often treated as presumed ACM until testing shows otherwise.

Project size categories under Rule 56

Rule 56 classifies asbestos projects by the amount of ACM disturbed:

• Minor: 10 square feet or less, or 25 linear feet or less.
• Small: more than 10 and less than 160 square feet, or more than 25 and less than 260 linear feet.
• Large: 160 square feet or more, or 260 linear feet or more.

The category affects notification, air sampling, and work practice requirements. Licensing applies to all sizes. The rule states that no asbestos contractor may engage in an asbestos project without a valid asbestos handling license from the DOL, and individuals doing the work need the appropriate DOL asbestos certificates.

Surveys come first: New York State

DOL requires an asbestos survey before interior and exterior renovation, remodeling, repair, and demolition work, performed by a New York State certified asbestos inspector. DOL also says that general contractors, plumbers, electricians, roofers, and other trades that do not hold an asbestos handling license are not permitted to disturb or remove asbestos materials. There is a limited exception for owner-occupied single-family homes where the work is done solely by the homeowner, but DOL recommends hiring licensed asbestos contractors because of the exposure risk.

New York City: DEP and DOB requirements

NYC adds its own layer through the Department of Environmental Protection (DEP) Asbestos Control Program:

• Building owners must have a DEP-certified asbestos investigator survey the areas affected by the work.
• If the area is free of ACM, ACM will not be disturbed, or the amount is below the DEP threshold, the investigator files an Asbestos Assessment Report (ACP-5).
• DEP defines an asbestos project as work that disturbs more than 25 linear feet or more than 10 square feet of ACM. For these, an Asbestos Project Notification (ACP-7) must be filed with DEP at least one week before work starts, through DEP's online system.
• DOB generally will not issue a permit until the asbestos requirement is satisfied. For asbestos projects, the abatement is completed first, and DEP issues an ACP-21 (Project Completion) or ACP-20 (Conditional Completion), which is submitted to DOB.
• For full demolition, DOB requires an ACP-5 showing the entire building is free of ACM.

Where no building materials will be disturbed, an asbestos exemption may apply instead.

Long Island

In Nassau and Suffolk, the state DOL rules apply, including the survey requirement and licensing. Town and village building departments may ask for asbestos survey results as part of a permit application, especially for demolition and major renovations. Check with your local building department.

What abatement involves

Licensed abatement contractors set up regulated work areas, which may include containment with plastic sheeting and negative air pressure equipment, use wet methods to reduce dust, wear protective equipment, and dispose of waste according to regulations. Air monitoring by an independent party is required for many projects. When abatement is complete, clearance procedures confirm the area is ready for other trades.

How this fits into a renovation schedule

1. Survey by a certified inspector or investigator.
2. Filings with DEP in NYC, and DOL notifications where required.
3. Abatement by a licensed asbestos contractor, if needed.
4. Completion documents.
5. Building permits and the rest of the renovation.

Building the survey and any abatement into the schedule from the start avoids stopping work midway.

Our role

We do not survey or abate asbestos. We help owners in the five boroughs, Nassau, and Suffolk understand where asbestos rules fit into a project, schedule renovation work around licensed asbestos investigators and abatement contractors, and carry out the construction once the area is cleared.

This article is general information for property owners, not legal or engineering advice. Rules and procedures change; confirm current requirements with the agency or utility involved.