Form ACP9, "Asbestos Variance Application"

This form must be submitted by the building owner or authorized agent.

Applications for any variance from asbestos control program rules or Part 56 of Title 12 of New York Codes, Rules and Regulations (Subpart 56-4 through 56-17) must be made directly to the Department of Environmental Protection at least two weeks prior to commencement of work.

Work involving a variance may not commence prior to the receipt of Department approval of the application.

Applications must include required supporting documents. Specifically:

An identification of the portions of the rules for which a variance is requested, An explanation as to why the procedures required by the rules cannot be used, The alternative procedures the applicant will employ to satisfy each requirement as modified, and A copy of any ACP7 form previously filed.