On Oct. 13, 2009 new regulations will begin to take effect that govern the way asbestos abatement projects are filed, performed and inspected in the City of New York.1 The new regulations are the result of Mayor Bloomberg’s initiative to improve the safety of demolition and abatement operations, particularly for building occupants and first responders, and to enhance interagency communication between city agencies responsible for oversight of demolition and abatement projects: the New York City Department of Environmental Protection (DEP), the New York City Department of Buildings (DOB) and the Fire Department (FDNY).

Among the most significant changes contained in the new regulations are the following:

• Abatement projects that affect means of egress or fire protection systems and projects that involve work requiring a DOB permit will now require the issuance of an asbestos work permit;

• Persons undertaking abatement projects (i.e., property owners, tenants, etc.) will be required to retain licensed design professionals to prepare construction documents and to properly close out jobs performed pursuant to asbestos work permits and, in some cases, to assist in the preparation of a Work Place Safety Plan (WPSP); and

• DOB permits will no longer be able to be issued concurrently with the performance of the abatement work and all abatement must be completed before DOB permits will be issued.

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