Division of Safety & Health-DOSH

Code Rule 56

Guidance Document (AGD-v2.0)

Guidance document revised January 2009 to include a total of 340 frequently asked questions on Code Rule 56

Asbestos Variance Petition Form SH-752

Only this Variance Petition Application Form will be accepted by the Department for Asbestos Variance Petitions.

Form 752 – Petition for an Asbestos Variance

The new form was created to assist project designers with petition clarity.  Specifically, more details will be provided in each submission to the DOSH ESU.  Such details include:

Petitioner, petitioner’s agent, and designer information.

Explanation necessary if petition related to safety & health emergency.

Completion of work area description table per work area and work procedure.

More comprehensive approach to submissions.

Code Rule 56 – Asbestos (effective March 21, 2007)

On March 21, 2007 corrections for Code Rule 56 were adopted to incorporate Federal Standards and to correct typographical errors.  You can view or print a copy of Code Rule 56 in PDF format by clicking here.

2009 Code Rule 56 Emergency Rule Making

The next revision to Code Rule 56 is anticipated within the Spring of 2009.  This revision is necessary to clarify fire/life safety regulatory requirements at all asbestos projects within New York State.  Also, the revision will incorporate Asbestos Successor Law definitions and minor clarifications found necessary.

Variances

Where there are practical difficulties in complying with the provisions of Code Rule 56, the Department may provide relief in the form of a variance decision.  The Asbestos Variances Fact Sheet explains the types of variances that are issued by the Department:  Applicable Variance, Blanket Variance, Site-Specific Variance and Multi-Site Variance.  In addition,

• Each variance petition must be prepared and submitted by a currently trained and NYS DOL certified Project Designer who works for a current NYS DOL licensed asbestos contractor.
• All existing Site-Specific Variance decisions currently in effect will remain in effect until the termination date of the variance.
• All new Site-Specific Variance decisions will remain in effect one year from the date of issuance, unless otherwise stated.
• All Applicable Variances, Blanket Variances and Multi-Site Variances based upon the November 9, 1994 version of Code Rule 56 are terminated.

Applicable Variances

Compliance Assistance Documents

The Department of Labor has developed the following Compliance Assistance Documents to supplement Code Rule 56:

The Guidance Document (AGD-v2.0)  is in a "frequently asked questions" format with narrative responses that will assist with the application of the amended Code Rule.  This document will be revised periodically to incorporate new questions and appropriate responses as they develop.  You can submit questions or comments for the Guidance Document to the following link: labor.sm.sh.esu@labor.state.ny.us .

 Asbestos Control Bureau

The Asbestos Control Bureau enforces Code Rule 56.   Click here to view Asbestos Control Bureau information.

If you have any additional questions or need further assistance regarding the Code Rule or any other asbestos matter, please contact your Asbestos District Office from the list below or call the Engineering Services Unit at (518) 457-1536.

ASBESTOS CONTROL BUREAU DISTRICT OFFICES

ALBANY DISTRICT

Counties -Albany, Clinton, Columbia, Dutchess, Essex, Green, Orange, Putnam, Rockland, Rensselaer, Saratoga, Schenectady, Schoharie, Ulster, Warren, Washington

State Office Campus, Room 157, Albany, NY 12240
(518) 457-1255 (FAX) (518) 485-8054
(518) 457-2072 (FAX)(518) 485-1740 (Field Office)

BUFFALO DISTRICT

Counties -Cattaraugus, Chautauqua, Erie, Genesee, Livingston, Monroe, Niagara, Ontario, Orleans, Wayne, Wyoming, Yates

65 Court Street, Rm. 405, Buffalo, NY 14202
(716) 847-7601 (716) 847-7126 (FAX) (716) 847-7138 

NEW YORK CITY DISTRICT

Counties -Bronx, Kings, Nassau, New York, Queens, Richmond, Suffolk, Westchester

One Hudson Square, 75 Varick Street, 7th Floor, New York, NY 10013
(212) 775-3538 (FAX) (212) 775-3527

SYRACUSE DISTRICT

Counties - Allegany, Broome, Cayuga, Chemung, Chenango, Cortland, Delaware, Franklin, Fulton, Hamilton, Herkimer,   Jefferson, Lewis, Madison, Montgomery, Oneida, Onondaga, Oswego, Otsego, St. Lawrence, Schuyler, Seneca, Steuben, Sullivan, Tioga, Tompkins,

450 S. Salina Street, Syracuse, NY 13202
(315) 479-3215 (FAX) (315) 479-3451 

ENGINEERING SERVICES UNIT

State Office Campus, Room 154, Albany, NY 12240
(518) 457-1536 (FAX) (518) 457-1301

"Workplace Safety Begins with You!"