The Architect’s Guide to NYC Special Inspections
Navigating the complex world of New York City construction regulations can be daunting, especially when it comes to Asbestos Inspections and the ACP5 reporting process.
If you're an Architect or Design Professional working on pre-1987 buildings, understanding the ACP5 reporting process is essential for project success.
This guide will show you how to efficiently coordinate with building owners, expediters, and asbestos investigators, saving your clients time and money while keeping your creative vision on track. Consider this your architect-friendly roadmap to navigating NYC asbestos inspections with confidence and ease!
What is an ACP5?
An ACP5 is the Asbestos Assessment Report and is required by New York City Local Law 76/85 for most construction projects on buildings constructed before April 1st, 1987.
A Certified Asbestos Investigator issues an ACP5 to verify that your project has no asbestos or is below certain thresholds that do not require asbestos abatement.
Building owners are required by the rules of NYC 1-23, Section A, for having an asbestos survey performed by a DEP-certified investigator to determine the absence or presence of asbestos-containing material. This is for full demolition and any alteration, renovation or modification on buildings constructed before April 1st, 1987.
What kind of projects require an ACP5?
Any new construction on a building constructed before April 1st, 1987, needs to have an ACP5 or ACP21 in order to gain approval with the New York City Department of Buildings (DOB).
ACP21 is the Asbestos Abatement Project Completion form. The abatement contractor puts this form together once the asbestos abatement is completed and it basically notifies DEP that the work is done.
This form is used to file with the DOB as a replacement for the ACP5 form. If you cannot obtain an ACP5 due to the amount of asbestos, you need to go for an ACP21 form which identifies abated asbestos and that it is now gone.
The ACP21 is a form that says asbestos abatement is completed based on where asbestos was found. Both the ACP5 and ACP21 are forms used in filing for a DOB permit.
There are three exceptions as stated by the DOB:
1-23 (b): Asbestos Exemption. Where the work to be performed requires a permit to be issued by the DOB, an asbestos exemption may be claimed by checking the appropriate boxes on the DOB permit application forms PW1 or LAA1, where the applicant for construction document approval certifies that:
(1) the permit sought does not involve the performance of any physical work, such as permits for zoning lot subdivisions, zoning lot reapportionment, or changes in the certificate of occupancy; or
(2) no existing building materials, as the term "building materials" is defined in these rules, are to be disturbed by the proposed work; or
(3) the activities being performed include work on one of the following: Awnings Cranes not anchored to building or structure Emergency power not involving hard wiring, e.g. battery packs Exterior concrete work (e.g. sidewalks, curb cuts, traffic islands) except if waterproofing compound is present Exterior scaffolding not anchored to building or structure Exterior trenching and drainage Ground-mounted flagpoles New storefronts in existing masonry openings (no disturbance of existing building) Radio antennas (free-standing towers) Relocating free-standing parking lot sheds Replacing rooftop air conditioning (no modification of ductwork or disturbance of building) Roadway asphalt Sealing unsafe or abandoned buildings with cinder block and mortar Sidewalk sheds, bridges, fences, elevators, hoists and cafe signs (no penetration of building materials) Street furniture, e.g. candy or newsstands, bus shelters, kiosks Installation of new outdoor swimming pool Free-standing tents Erection of temporary structures (e.g. trailers) with electric/water lines only
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Who is responsible for procuring the ACP5?
The building owner, the applicant of record (Architect or Engineer), and expediter work with the Certified Asbestos Investigator to ensure that the building meets the DOB’s standards.
Building Owner: Hires the Certified Asbestos Investigator and provides site access. Asbestos Inspections are typically done prior to construction starting so there is no GC to provide access to the site.
Applicant of Record (Architect or Engineer): Provides drawings and clarifications on which areas in the building will be demoed/renovated. Their coordination helps the Certified Asbestos Investigator to build proposals and conduct the site visit efficiently. The Architect or Engineer are also looped in if asbestos is found and will update their drawings to either reduce scope or include notes about found asbestos.
Expediter: Provides the Plan of Work form (PW1) for each filing type on the job. This form is used to build the ACP5. The PW1 outlines work types, job description/scope of work, and owner information. Having this form early is key to a quick turnaround on an ACP5.
How fast can I receive my ACP5?
When working specifically with Crosscheck Inspections, you can typically receive your ACP5 within 48 hours of the inspection. Timing may differ at other agencies.
As mentioned above, having a completed PW1 form and drawings ready for review will expedite the process. If you need it sooner, we offer expedited sample turnaround times for an additional fee.
How long does an asbestos inspection take?
At Crosscheck, inspections take a minimum of two hours, although the duration can vary depending on the size of the project.
Who needs to be present at the inspection?
Only the Certified Asbestos Inspector needs to be present. However, you may choose to have the client, architect, engineer, or construction manager attend as well.
What happens during the inspection?
Prior to the inspection, the Certified Asbestos Inspector will review the construction drawings, focusing on the demolition plans to identify areas to be disturbed. A game plan is put together so that the day of investigation can move quickly.
During the inspection, the Certified Asbestos Inspector will review the game plan and determine the number of samples needed based on material type. They will collect the samples by probing select areas which they will then send to a certified laboratory for analysis.
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How many samples will be collected and tested?
The number of samples collected during an inspection is not an arbitrary number.
Sample quantity is driven by the requirements in RCNY 1-38 as stated by the DOB:
The asbestos survey shall at a minimum identify and assess the exact locations and quantities of ACM, PACM, and suspect miscellaneous ACM. The asbestos investigator is responsible for the identification and assessment of all types of ACM, PACM and suspect miscellaneous ACM within each area, as indicated by the proposed scope of work or job description(s) indicated in the DOB permit applications or plans.
(b) The asbestos investigator shall assume that some or all of the areas investigated contain ACM, and for each area that is not assumed to contain ACM, must collect bulk samples and submit for analysis in accordance with 15 RCNY §§ 1-36(c), 1-37(a) and 1-44(c) and EPA publications 560/5-85-024 and 560/5-85-030A, and 40 C.F.R. Part 763.80, 763.85, and 763.86.
(1) PACM Sampling Requirements.
(a) Surfacing Material. Surfacing material includes but is not limited to fireproofing, acoustical plaster, finish plasters and skim coats of joints. Surfacing materials must be sampled as follows:
i. At least 3 samples from each homogeneous area that is 1,000 square feet (sf) or less.
ii. At least 5 samples from each homogeneous area that is greater than 1,000 sf but that is 5,000 sf or less.
iii. At least 7 samples from each homogeneous area that is greater than 5,000 sf.
(b) Thermal System Insulation (TSI). TSI includes, but is not limited to, equipment insulation, boiler, breeching, boiler rope, duct, or tank insulation, cement or mortar used for boilers and refractory brick, piping and fitting insulation including but not limited to wrapped paper, aircell, millboard, rope, cork, preformed plaster, job molded plaster and coverings over fibrous glass insulation. TSI must be sampled as follows:
i. At least 3 samples from each homogeneous area of TSI.
ii. At least one sample from each homogeneous area of patched TSI if the patched section is less than 6 linear feet or 6 square feet.
iii. In a manner sufficient to determine if the material is ACM, for packed fittings such as elbows, valves, tees, etc.
iv. Samples are not required where the asbestos investigator has determined that the TSI is fiberglass, foam glass, rubber, or other non-asbestos containing building material.
(c) Suspect Miscellaneous Materials. Other suspect miscellaneous materials including, but not limited to, insulation board, vapor barriers, coatings, non-metallic or non-wood roof decking, felts, cementitious board (transite), pipe (transite), flashing, shingles, galbestos, dust and debris, floor tiles, cove base, floor leveler compound, ceiling tile, vermiculite insulation, gaskets, seals, sealants (including for condensate control), vibration isolators, laboratory tables and hoods, chalkboards, pipe penetration packing and other fire-stopping materials, millboard, electrical wire insulation, fire curtains, fire blankets, fire doors, brakes and clutches, mastics, adhesives, glues, caulks, sheet flooring (linoleum), wallpaper, drywall, plasterboard, spackling/ joint compound, textured paint, grout, glazing compound, and terrazzo. Suspect miscellaneous materials must be sampled as follows: At least 2 samples shall be taken, or samples shall be taken in a manner sufficient to determine if the material is ACM.
How will I receive the ACP5?
After a successful inspection with Crosscheck, you will receive a digital copy of the ACP5 via email. If you have any questions, our support and fulfillment team is here to help!
What happens if asbestos is found?
If asbestos is detected, the report will detail the contamination locations and the estimated amounts present. Our team will guide you through the options for asbestos abatement.
Plan ahead and save time
By planning for ACP5 requirements early, you'll save your clients time, money, and frustration. Remember to make asbestos considerations part of your initial client conversations and project timelines.