New York State Code Rule 56

Transcription

1 New York State Code Rule 56 Requirements & Changes in the Asbestos Code Rule Presented by Peter DeLucia AAC Contracting, Inc. 8/3/2012 AAC Contracting, Inc. 1

2 8/3/2012 AAC Contracting, Inc. 2

3 What is Asbestos? Commercial designation for mineral products that possess: High tensile strength Flexibility Chemical and thermal resistance High electrical resistance And can be woven 8/3/2012 AAC Contracting, Inc. 3

4 Uses-Ancient 8/3/2012 AAC Contracting, Inc. 4

5 Uses-Everyday 80% cotton and 20% asbestos 8/3/2012 AAC Contracting, Inc. 5

6 Uses-bizarre 8/3/2012 AAC Contracting, Inc. 6

7 Uses-Pop Culture 8/3/2012 AAC Contracting, Inc. 7

8 Uses-Why? Last updated November 27, :41 p.m. PT 8/3/2012 AAC Contracting, Inc. 8

9 8/3/2012 AAC Contracting, Inc. 9

10 Outline Multi-employer responsibilities Project Records Cleanup of Uncontrolled Disturbances Surveys Proposed Changes 8/3/2012 AAC Contracting, Inc. 10

11 Revised 2006 To comply with OSHA & EPA Clarification Include existing AVs User Friendly Continual Corrections in State Register 3/21/07 Guidance Documents New revision 8/3/2012 AAC Contracting, Inc. 11

12 Guidance Document 8/3/2012 AAC Contracting, Inc. 12

13 Multi-employer Worksites: Demolition Renovation, Remodeling and Repair Asbestos Abatement Contractor Shall inform all employers on site Nature of work PACM & ACM Disturbance prohibited by non-licensed contractor Elevated air samples Work stoppage Barrier inspections 8/3/2012 AAC Contracting, Inc. 13

14 Multi-employer Worksites: Demolition Renovation, Remodeling and Repair Non-Asbestos Contractors Notify building owner or representative Upon discovery of PACM Within 24 hours Quantity and location Activities cease Until assessed/handled by licensed contractor 8/3/2012 AAC Contracting, Inc. 14

15 Multi-employer Worksites: Demolition Renovation, Remodeling and Repair Building owner or representative Prior to commencement Inform all employers of PACM and ACM within their portion of building impacted by project Presence Location Quantity 8/3/2012 AAC Contracting, Inc. 15

16 Multi-employer Worksites: Demolition Renovation, Remodeling and Repair General Contractors Shall prohibit Disturbance of PACM and ACM Shall require Asbestos contractors under their control and supervision to be in compliance 8/3/2012 AAC Contracting, Inc. 16

17 Multi-employer - OSHA (d)(5) All general contractors on a construction project which includes work covered by this standard shall be deemed to exercise general supervisory authority over the work covered by this standard, even though the general contractor is not qualified to serve as the asbestos "competent person" as defined by paragraph (b) of this section. As supervisor of the entire project, the general contractor shall ascertain whether the asbestos contractor is in compliance with this standard, and shall require such contractor to come into compliance with this standard when necessary. 8/3/2012 AAC Contracting, Inc. 17

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19 Project Record- Owner Responsibility Required on-site with the owner for active projects Copies of: Licenses for all involved entities Supervisor and handler certificates Notifications and variances Including amendments and re-openings 8/3/2012 AAC Contracting, Inc. 19

20 Project Record- Owner Responsibility Required on-site with the owner for active projects Copies of: Air sample log Air sample results Project Monitor s daily log 8/3/2012 AAC Contracting, Inc. 20

21 Project Record- Owner Responsibility Required on-site with the owner for active projects Copies of: Supervisor s daily log Entry/exit logs Inspection, surveys and bulk sample data The building/structure owner can rely upon his authorized representative(s) during the active portion of the asbestos project to maintain these required records. PROJECT NUMBER: PROJECT NAME : PROJECT ADDRESS : ENTRY/EXIT LOG SHEET page DATE: DAY: PLEASE READ BEFORE SIGNING ALL PERSONS WHO ENTER THE WORK AREA / ENCLOSURE SHALL SIGN IN. BY SIGNING THE ENTRY / EXIT LOG SUCH PERSONS HAVE ACKNOWLEDGED THAT THEY HAVE REVIEWED AND UNDERSTAND ALL REGULATIONS, PERSONAL PROTECTIVE REQUIREMENTS, WORK AREA ENTRY / EXIT PROCEDURES AND EMERGENCY PROCEDURES. SIGNATURE IN OUT IN OUT IN OUT INT. of 8/3/2012 AAC Contracting, Inc. 21

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23 Responsibility for Cleanup of Uncontrolled Disturbances Upon discovery Property Owner must Contract with licensed asbestos contractor For immediate isolation and cleanup Prior to cleanup Must be assessed by Inspector Incidental Disturbance- Quantity not determined by the amount of asbestos disturbed, but the square feet of contaminated surfaces. 8/3/2012 AAC Contracting, Inc. 23

24 Responsibility for Cleanup of Uncontrolled Disturbances Incidental vs. Historic Incidental Disturbance considered an emergency project, regardless of quantity. More than a Minor requires a SSV. 8/3/2012 AAC Contracting, Inc. 24

25 SURVEYS are ALWAYS REQUIRED 8/3/2012 AAC Contracting, Inc. 25

26 Asbestos Survey Owner must have an Asbestos survey in the affected portion of the building prior to Before Demolition Remodeling Renovation Repair 8/3/2012 AAC Contracting, Inc. 26

27 Inspection & Survey AHERA Basis OSHA must inspect those materials or areas that will be disturbed AHERA protocols/accreditation for compliance EPA-NESHAPS Prior to demolition or renovation activities Accredited inspectors May involve destructive sampling 8/3/2012 AAC Contracting, Inc. 27

28 Survey Pitfalls Scope not communicated to inspector Lack of experience Insufficient samples Not compliant with all regulations Outdated Done during phase IAplanning & design 8/3/2012 AAC Contracting, Inc. 28

29 NEW YORK STATE ASBESTOS / FIBERS FREQUENTLY ASKED QUESTIONS Listed below are the most frequently asked questions (FAQs) regarding asbestos /fibers that are commonly received by the New York State Department of Health s (NYS DOH) Environmental Laboratory Approval Program (ELAP) and Bureau of Occupational Health (BOH), as well as, the NYS Department of Labor (DOL). FAQ # 5: Which types of samples does my laboratory need to gravimetrically reduce? In March 2011, the ELAP Certification Manual was updated to include more detail regarding which types of materials must be gravimetrically reduced. Manual Item describes the laboratory-approved method for Friable bulk samples that may not require gravimetric reduction, while Manual Item describes the approved method for Non-Friable Organically Bound (NOB) bulk samples that must be gravimetrically reduced. It is recommended that friable samples, which contain matrices that interfere with optical properties (e.g., large percentage of aggregate glass or "milky way effect"), or when asbestos concentrations are near the one percent level, be gravimetrically reduced (Item 198.1, Section 4.3). Meanwhile, NOB building materials embedded in flexible-to-rigid organic matrices including asphalt or vinyl must be gravimetrically reduced according to either Item or (Section 4). Refer to Table 1 below, which is also included in Items 198.1, 198.4, and /3/2012 AAC Contracting, Inc. 29

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31 Vermiculite 70% Of Vermiculite from Libby, MT 8/3/2012 AAC Contracting, Inc. 31

32 Vermiculite-Loose Fill EPA & NYS No approved method to determine if asbestos present Treated as ACM 8/3/2012 AAC Contracting, Inc. 32

33 Vermiculite-as a component Per NYSDOH If < 10 % Vermiculite may be tested by PLM If > or = 10 % Vermiculite considered ACM 8/3/2012 AAC Contracting, Inc. 33

34 Asbestos Survey Survey to assess Locations Quantities Friability Condition To include visual inspections All suspect materials considered asbestos Unless bulk sample proves otherwise GD- Regardless of construction date Survey Contents.pptx 8/3/2012 AAC Contracting, Inc. 34

35 Asbestos Survey Survey shall be kept on-site throughout Abatement and Renovation, repair, remodeling, demolition 8/3/2012 AAC Contracting, Inc. 35

36 Asbestos Survey Pre-demolition surveys Submitted to ACB Submit all asbestos surveys To local government office in charge of permit issuance Demolition: The wrecking or removal of any loadsupporting structural member of a building or structure 8/3/2012 AAC Contracting, Inc. 36

37 Asbestos Still in Use 80+% of US imports from Canada Last US mine closed in 2002 Partial ban TSI Spray- 1973/78 No new products after 1989 Chrysotile cement pipes-manufactured in Pakistan 8/3/2012 AAC Contracting, Inc. 37

38 US Asbestos Consumption 8/3/2012 AAC Contracting, Inc. 38

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42 Mineral Forms Serpentine Amphiboles Chrysotile Amosite Crocidolite Actinolite Anthophyllite Tremolite 8/3/2012 AAC Contracting, Inc. 42

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44 GD Question 121: Regardless of Code Rule 56 requirements regarding surveys/inspections, as per Section (d) "No exemption to this requirement to conduct an asbestos survey shall exempt any person, asbestos contractor, property owner or business entity from the inspection or asbestos survey requirements of EPA, OSHA ". Thus, if federal regulations mandate various materials installed on January 1, 1974 or after to be treated as ACM, Code Rule 56 does not grant relief from that requirement. Regardless of construction date, Building Owner due diligence is always required for identification and assessment of ACM, as per OSHA requirements 8/3/2012 AAC Contracting, Inc. 44

45 (k)(1) If the employer/building owner has actual knowledge, or should have known through the exercise of due diligence, that other materials are asbestos-containing, they too must be treated as such. 8/3/2012 AAC Contracting, Inc. 45

46 EPA-Inspections (a) Prior to commencement of the demolition or renovation, thoroughly inspect the affected facility or part of the facility where the demolition or renovation operation will occur for the presence of asbestos Regardless of construction date Exemption Residential 4 or fewer dwellings 8/3/2012 AAC Contracting, Inc. 46

47 OSHA: Materials <1% asbestos (a)Scope and application. This section regulates asbestos exposure in all work as defined in 29 CFR (b) Competent person Exposure assessments Recordkeeping If < PELs Wet methods Prompt cleanup No prohibited methods 8/3/2012 AAC Contracting, Inc. 47

48 Cementitious Products 8/3/2012 AAC Contracting, Inc. 48

49 Cementitious Products Transite Acoustical Panels (music rooms, auditoriums) Transite Roofing Panels 8/3/2012 AAC Contracting, Inc. 49

50 Cementitious Products 8/3/2012 AAC Contracting, Inc. 50

51 Asbestos Electrical Insulation "AF wire (asbestos fiber) 8/3/2012 AAC Contracting, Inc. 51

52 Fire Door Asbestos Textiles Asbestos Insulation 8/3/2012 AAC Contracting, Inc. 52

53 ACM plaster topcoat Mastic hockey pucks 8/3/2012 AAC Contracting, Inc. 53

54 Flooring and flooring mastics & backing 8/3/2012 AAC Contracting, Inc. 54

55 Spray Applied Acoustical Plaster Surfacing Materials Spray Applied Fireproofing 8/3/2012 AAC Contracting, Inc. 55

56 Thermal System Insulation 8/3/2012 AAC Contracting, Inc. 56

57 Thermal System Insulation 8/3/2012 AAC Contracting, Inc. 57

58 Mastics and Glues 8/3/2012 AAC Contracting, Inc. 58

59 Asbestos Gaskets & Ropes 8/3/2012 AAC Contracting, Inc. 59

60 Roofing Products 8/3/2012 AAC Contracting, Inc. 60

61 Asbestos Tape and Expansion Cloth 8/3/2012 AAC Contracting, Inc. 61

62 Flooring Topcoat Finishing Materials Joint Compound Asbestos Paint 8/3/2012 AAC Contracting, Inc. 62

63 Caulking & Glazing Compounds Fire-stopping 8/3/2012 AAC Contracting, Inc. 63

64 TSI Refractory Brick Oven Insulation 8/3/2012 AAC Contracting, Inc. 64

65 Proposed Changes to CR56 8/3/2012 AAC Contracting, Inc. 65

66 Proposed Changes to CR 56 Fire & Life Safety enforceable now as part of NYS UFBC State register Summer 2012????? Effective end of 2012????? Clarify disturbance cleanup requirements Include existing AV s Other Mechanical fastening Buried NF piping Commercial re-usable tents 8/3/2012 AAC Contracting, Inc. 66

67 Demolition Change definition Load bearing & nonload bearing members and/or components Done by abatement contractor as part of project 8/3/2012 AAC Contracting, Inc. 67

68 Survey or Certificate of Survey Submitted to local entity (CEO) To obtain permits (demo, reno, etc.) If no permit required To town/city clerk 8/3/2012 AAC Contracting, Inc. 68

69 Project Completion Certificate Submitted to local entity (CEO) To obtain permits for continuation of work If no permit required To town/city clerk 8/3/2012 AAC Contracting, Inc. 69

70 Accessible Means of Egress Marked inside and out maintained throughout the project No alterations will be allowed to the existing means of egress in occupied buildings Including exit signage and illumination 8/3/2012 AAC Contracting, Inc. 70

71 Unoccupied buildings Construction or preparation for demolition > 50 ft. or 4 or more stories must have At least one lighted stairway with adequate exit signage, including directionality 8/3/2012 AAC Contracting, Inc. 71

72 Pre-demolition asbestos projects at a vacant building Existing standpipes maintained in an operational condition one floor below the project 8/3/2012 AAC Contracting, Inc. 72

73 Exits from abatement work areas shall be Maintained Have appropriate signage prominently displayed clearly indicate the direction of the exits Inspected daily by the supervisor for blockage or impediments. 8/3/2012 AAC Contracting, Inc. 73

74 Hardwall Barriers Fire-retardant No OSB or wallboard ASTM D-2898 UL 723 ASTM E84 NFPA 255 8/3/2012 AAC Contracting, Inc. 74

75 Existing fire protection systems Maintained throughout asbestos project Per the NYS Uniform Fire Prevention and Building Code (UFPBC) requirements These systems cannot be removed or modified Without the approval of the Code Enforcement Official (CEO) 8/3/2012 AAC Contracting, Inc. 75

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77 Active system components Smoke heads, alarms, sensors, sprinkler heads, etc. Not considered fixed objects and shall not be covered with plastic. In lieu of plasticizing these components subject to cleaning by wet methods and/or HEPA-vacuuming. 8/3/2012 AAC Contracting, Inc. 77

78 Pre-fire plans (for the asbestos project) On site Copies provided to Fire Chief Code Enforcement Official The owner shall designate a person to be the Fire Prevention Program Superintendent. The fire prevention program superintendent shall develop and maintain an approved prefire plan in cooperation with the fire chief Fire safety and evacuation plans shall be reviewed or updated annually or as necessitated by changes in staff assignments, occupancy, or the physical arrangement of the building 8/3/2012 AAC Contracting, Inc. 78

79 Emergency evacuation maps Posted Decontamination unit The ground floor lobby or comparable location At all exits from each work area 8/3/2012 AAC Contracting, Inc. 79

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81 If variation from NYS UFPBC or local regulations is required due to the asbestos project, Permits obtained by a NYS registered design professional. If not required, the written approval of the variation must be obtained from the pertinent agency and made part of the project record. Documentation on-site Copies of approved variations Fire Chief & CEO, prior to implementing Variance from ICR 56 Relief from section /3/2012 AAC Contracting, Inc. 81

82 If an asbestos project covers the entire floor or is greater than 15,000 SF on any floor A negative air ventilation system disconnect switch Located on the floor below Or a secure location in the ground floor lobby Location coordinated with the Fire Chief Notice of the location of the switch posted in the ground floor lobby or similar location 8/3/2012 AAC Contracting, Inc. 82

83 A Code Enforcement Official or Registered Design Professional Review the project documents & provide a written acceptance Compliance with ALL federal, state and local building and fire codes. Part of the Project Record. DOL notification - individual providing written acceptance Name NYS certification/professional license and registration number Phone number Design Professional= Architect or Engineer 8/3/2012 AAC Contracting, Inc. 83

84 Variance petition submissions seeking relief from ICR 56 Include a written statement by NYS Registered Design Professional Or CEO Compliant with NYS UFPBC and local regulations for fire or life safety issues in regards to the asbestos project. 8/3/2012 AAC Contracting, Inc. 84

85 Information required for submission to the design professional to obtain written acceptance of the work plan as required for NYS notifications or variance from CR 56. Written detailed work plan Copy of the variance petition (if needed) Plans/Drawings for the floor or building depicting Regulated work areas Decon and neg air locations Fire extinguisher locations Hard wall locations Means of egress Must be unobstructed (vertical and horizontal) & without alteration Exit locations marked (signage and illumination required) Evacuation routes marked Location and means to maintain existing fire protection systems 8/3/2012 AAC Contracting, Inc. 85

86 In Summary Protect Health Prohibit disturbance Asbestos contractor oversight Surveys NO safe date OSHA & NYS Due diligence EPA- Identify Cross reference prior to work Inform all of presence, location and quantity Controls for <1% asbestos Recordkeeping Fire and Life Safety Considerations 8/3/2012 AAC Contracting, Inc. 86

87 Health Effects 8/3/2012 AAC Contracting, Inc. 87

88 Mesothelioma 8/3/2012 AAC Contracting, Inc. 88

89 Need a Trunk Monkey? 8/3/2012 AAC Contracting, Inc. 89

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92 Resources NYSDOL Transition Web Site DOSH_CODE_RULE_56_TRANSITION.shtm AAC Contracting, Inc. Kevin Cannan: , ext. 119 Peter DeLucia: , ext 129 8/3/2012 AAC Contracting, Inc. 92

93 Disclaimer: This information should be used as a resource and is not a substitute for an individual or an entity from pursuing their own due diligence with regards to regulatory and legal compliance. The author has merely collected information and is not responsible for the compliance or non-compliance of the readers in regards to the information provided.