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The New York ACP9 form is a crucial document for anyone involved in asbestos-related work within the city. This form serves as an asbestos variance application, allowing contractors, consultants, and property owners to request exceptions from specific asbestos regulations set by the New York City Department of Environmental Protection (NYC DEP) and the New York State Department of Labor (NYS DOL). It is essential to submit the application at least two weeks before the planned start of work to ensure compliance with local regulations. The form requires detailed information about the facility and applicant, including contact details and the capacity in which the applicant is operating. It also asks for a clear specification of the asbestos rule provisions from which a variance is being sought, along with the exact locations of the work. Furthermore, applicants must provide justifications for their requests, outlining why standard procedures cannot be followed and what alternative methods will be implemented. A fee schedule is included, which varies based on the amount of asbestos-containing material (ACM) involved. The completion of this form is vital, as work cannot commence until the NYC DEP approves the application, and any violations could lead to serious consequences.

Similar forms

  • New York Asbestos Notification Form: This form is used to notify the Department of Environmental Protection (DEP) about asbestos-related work. Like the ACP9, it requires details about the work to be done and the location, ensuring compliance with safety regulations.
  • New York City Air Quality Notification Form: Similar to the ACP9, this form addresses potential air quality impacts from construction or renovation projects. Both forms require information about the work being performed and its potential effects on the environment.
  • Asbestos Abatement Project Notification Form: This document is essential for notifying authorities about planned asbestos abatement projects. It shares similarities with the ACP9 in that it requires detailed descriptions of the work area and the procedures to be followed.
  • New York State Department of Labor Asbestos Project Notification Form: This form is used to notify the state about asbestos projects. Both it and the ACP9 require information about the project, including the amount of asbestos involved and the safety measures that will be implemented.
  • Environmental Assessment Form: This form is often required for projects that may impact the environment. Like the ACP9, it assesses potential risks and outlines the necessary steps to mitigate those risks, ensuring that all environmental regulations are met.

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ONLY TYPEWRITTEN FORMS WILL BE ACCEPTED

 

 

 

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Asbestos Control Program

 

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59-17 Junction Boulevard, 8th Floor, Corona, NY 11368-5107

 

 

 

 

 

 

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Asbestos Variance Application

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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

 

 

 

 

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Amount of ACM affected by this variance: _______ square feet + _______ linear feet = Total Amount of ACM _________ feet

 

 

 

 

 

 

 

If total amount of ACM

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)

 

$400

$600

of the NYCDEP

Each additional sub-section (per category)

 

$200

$300

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.

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Print Name of Owner

 

Print Name of Applicant (If not owner)

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Signature of Owner

Date

Signature of Applicant

Date

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

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Common mistakes

Filling out the New York ACP9 form requires careful attention to detail. One common mistake is not using a typewritten format. The instructions clearly state that only typewritten forms will be accepted. Handwritten submissions will lead to automatic rejection of the application.

Another frequent error involves incomplete information. Applicants often leave sections blank or fail to provide necessary details. For example, the facility address, applicant name, and contact information must be fully completed. Missing this information can delay the processing of the application.

Inaccurate fee calculations also pose a problem. Many applicants miscalculate the total fees based on the amount of asbestos-containing material (ACM) affected. The fee schedule is specific, and failing to adhere to it can result in additional delays. Ensure the correct fee is calculated and included to avoid complications.

Some applicants neglect to specify the exact NYC DEP or NYS DOL asbestos rule provisions from which they are requesting a variance. This section is crucial for the application’s approval. Clearly stating the provisions and the areas where the variance applies is essential to demonstrate the need for the request.

Additionally, applicants often forget to attach required documents. The form states that attachments must be submitted in triplicate, including color-coded drawings and additional sheets explaining alternative procedures. Omitting these attachments can lead to immediate rejection of the application.

Finally, signatures and dates are sometimes overlooked. Both the owner and the applicant must sign the form and provide the corresponding dates. Without these signatures, the application is considered incomplete and cannot be processed.

More About New York Acp9

  1. What is the purpose of the New York ACP9 form?

    The ACP9 form is used to apply for a variance from certain asbestos control regulations in New York City. If a project cannot comply with the standard procedures outlined in the city’s asbestos rules, this form allows the applicant to request alternative methods for handling asbestos safely. The form must be submitted to the NYC Department of Environmental Protection (DEP) at least two weeks before the planned start of work.

  2. Who needs to fill out the ACP9 form?

    Any individual or entity involved in asbestos-related work may need to fill out this form. This includes contractors, consultants, owners, or other representatives involved in a project where asbestos variance is required. The applicant must provide their contact information and specify their capacity in relation to the project.

  3. What information is required on the ACP9 form?

    The form requires several key pieces of information, including:

    • The facility address where the work will occur.
    • The applicant's name, contact details, and capacity.
    • A detailed explanation of which asbestos regulations are being requested for variance.
    • A description of the proposed work and reasons for the variance.
    • Color-coded drawings showing the work area and decontamination systems.

    Additionally, applicants must specify the amount of asbestos-containing material (ACM) affected by the variance.

  4. What are the fees associated with the ACP9 form?

    The fees for submitting the ACP9 form depend on the total amount of ACM involved. If the total is less than 5,000 square feet, the fee is $300 for a seven-day notification waiver. For amounts of 5,000 square feet or more, the fee increases to $400. Additional fees apply based on the number of sub-sections of the NYCDEP asbestos rules that the variance requests.

  5. What happens after the ACP9 form is submitted?

    Once the form is submitted, the Department of Environmental Protection will review the application. Work involving the variance cannot begin until the applicant receives official approval from the DEP. If the conditions set forth in the approval are not followed, the variance may be considered void.

  6. Can the ACP9 form be submitted electronically?

    The form must be typewritten and submitted in hard copy. Electronic submissions are not accepted. It is important to ensure that all information is complete and accurate to avoid delays in processing the application.

Misconceptions

  • Misconception 1: Only contractors can apply for the ACP9 form.
  • This is incorrect. The ACP9 form can be submitted by various parties, including owners, consultants, and other stakeholders involved in the asbestos project.

  • Misconception 2: The application can be submitted at any time before starting work.
  • In reality, the application must be submitted at least two weeks prior to the start of any work. This timeframe is crucial for the approval process.

  • Misconception 3: A variance allows work to commence immediately.
  • This is misleading. Work involving a variance cannot start until the Department of Environmental Protection has approved the application. Starting work prematurely can lead to violations.

  • Misconception 4: The fees for the ACP9 form are fixed and cannot change.
  • The fees vary based on the amount of asbestos-containing material (ACM) affected and the specific circumstances of the project. Understanding the fee schedule is essential for accurate budgeting.

Key takeaways

Filling out the New York ACP9 form is a crucial step for anyone seeking a variance related to asbestos work. Here are some key takeaways to keep in mind:

  1. Typewritten Forms Only: Ensure that the form is completed using a typewriter or a computer. Handwritten submissions will not be accepted.
  2. Advance Notice: Submit the application at least two weeks before the planned start date of the work.
  3. Accurate Information: Fill in all required fields, including the facility address, applicant details, and contact information. Incomplete forms may delay processing.
  4. Specify Provisions: Clearly identify which asbestos rule provisions from NYC DEP or NYS DOL you are requesting a variance from. This information is crucial for the review process.
  5. Work Area Details: Indicate the specific floors and areas where the variance will apply. Be as detailed as possible to avoid confusion.
  6. Attach Supporting Documents: Include additional sheets explaining why standard procedures cannot be followed, along with alternative procedures that will be used.
  7. Fee Calculation: Determine the total amount of asbestos-containing material (ACM) affected by the variance. Fees vary based on the total square footage and linear feet of ACM.
  8. Signature Requirement: Both the owner and the applicant (if different) must sign the form. This confirms that the information provided is accurate.
  9. Approval Needed: Work cannot begin until the Department has approved the application. Starting work prematurely can lead to violations.

By following these guidelines, you can help ensure a smoother application process for your asbestos variance request.

New York Acp9: Usage Guide

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 planned start of work. Ensure that all sections are filled out accurately and completely, as any missing information can delay the approval process. Below are the steps to guide you through filling out the form.

  1. Obtain the Form: Download the ACP9 form from the NYC Department of Environmental Protection website or acquire a physical copy.
  2. Facility Information: Fill in the address of the facility where the work will occur, including the borough and zip code.
  3. Applicant Information: Provide your name, telephone number, and address. Indicate your capacity (Contractor, Consultant, Owner, or Other) and include the contact person's name.
  4. Specify Provisions: Clearly state all NYC DEP or NYS DOL asbestos rule provisions from which you are requesting a variance.
  5. Work Areas: Identify the specific floors and areas where the work involving this variance will take place.
  6. Reasons for Request: Explain why the standard procedures cannot be used. Attach additional sheets if necessary. Describe the alternative procedures you plan to implement and include color-coded drawings of the work areas and decontamination systems.
  7. Fee Schedule: Calculate the total amount of Asbestos Containing Material (ACM) affected by the variance. Determine the applicable fees based on the amount of ACM and enter the total fees.
  8. Declaration: Sign and date the declaration section, confirming that all information provided is accurate. Ensure that both the owner and the applicant (if not the owner) sign the form.

Once the form is completed, submit it to the NYC Department of Environmental Protection. Be prepared to wait for the department's approval before commencing any work related to the variance. Timeliness and accuracy in this process are crucial to avoid any potential delays or violations.