Section 24-146.3. Asbestos abatement permit

(a)  The commissioner shall
  establish a permit requirement for asbestos projects, as defined in  the
  rules  of  the  department,  affecting  the safety of a building. On and
  after a date to be provided in the  rules  establishing  such  a  permit
  requirement,  it  shall  be  unlawful  to  commence  or engage in such a
  project unless the commissioner has issued an abatement permit for  such
  project.
    (b)  The  rules  shall  be  adopted  in  consultation  with  the  fire
  commissioner  and  the  commissioner  of  buildings  and  shall  specify
  criteria  for  the  issuance of such permits and requirements to enhance
  safety at the site  of  such  projects.  The  criteria  for  the  permit
  requirement  shall  include,  but shall not be limited to, the effect of
  the project on the maintenance of the means of egress in the building in
  compliance with applicable provisions of the New York city  construction
  codes,  the  New  York city fire code and other applicable provisions of
  law, the effect of the project on the fire  protection  systems  of  the
  building  and  whether  the project includes work performed only for the
  purpose of the asbestos project that may otherwise require a work permit
  from the department of buildings, such as but not limited to  alteration
  work  necessary  to  expose  asbestos material for removal to the extent
  that such work would otherwise require a work permit pursuant  to  title
  28 of the administrative code.
    (c) Application for an asbestos permit shall be made to the department
  in  such  form and containing such information as shall be prescribed in
  the rules of the department. The fee for such permit shall be set  forth
  in  the  rules  of  the  department. Where the proposed asbestos project
  would involve construction work that  would  otherwise  require  a  work
  permit  from  the  department  of  buildings, construction documents, as
  defined in chapter 1 of title 28 of the administrative  code,  shall  be
  part  of  the  abatement permit application filed with the department of
  environmental protection, except where the submission of such  documents
  is  waived  by  the  department  of  buildings  in  accordance  with the
  provisions of  section  28-104.7.12  of  the  administrative  code.  The
  commissioner of buildings, his or her duly authorized representative, or
  an  employee of the department of environmental protection designated by
  the commissioner of buildings  who  is  a  qualified  registered  design
  professional  with  experience in building construction and design shall
  approve  or  accept  such  construction  documents  on  behalf  of   the
  department  of buildings in accordance with all applicable provisions of
  title 28 of the administrative code and no  abatement  permit  shall  be
  issued without such approval or acceptance.
    (d)  The  commissioner  may,  on  written notice to the permit holder,
  revoke any abatement permit for failure to comply with the provisions of
  this section or section 24-146.1 or the rules adopted  pursuant  thereto
  or  whenever there has been any false statement of any misrepresentation
  as to a material fact in the application or other documents submitted to
  the department upon the basis  of  which  such  permit  was  issued;  or
  whenever an abatement permit has been issued in error and conditions are
  such  that  the  permit  should  not have been issued. Such notice shall
  inform the permit holder of the reasons for the proposed revocation  and
  that  the  applicant has the right to present to the commissioner or his
  or her representative within 10 business days of delivery of the  notice
  by  hand or 15 calendar days of mailing of the notice, information as to
  why the permit should not be revoked. The commissioner  may  immediately
  suspend  any  permit  without prior notice to the permit holder when the
  commissioner has determined that an imminent peril to life  or  property
  exists.  The  commissioner shall forthwith notify the permit holder that
  the permit has been suspended and the  reasons  therefore,  that  it  is

  proposed  to  be  revoked,  and  that the permit holder has the right to
  present to the commissioner or  his  or  her  representative  within  10
  business  days  of delivery of the notice by hand or 15 calendar days of
  mailing  of  the  notice  information as to why the permit should not be
  revoked.
    (e) The permit shall be posted  as  specified  in  the  rules  of  the
  department for the duration of the asbestos project.
    (f)  All  work  shall conform to the approved or accepted construction
  documents, and any approved amendments thereto.
    (g) The permittee shall comply with section 24-146.1 of this code  and
  the  rules  of  the department adopted pursuant to such section and with
  article 30 of the labor law and rules adopted pursuant to such  article.
  The  commissioner may issue a notice or order to stop work in accordance
  with the procedure set forth in subdivision (h) of section  24-146.1  at
  any  time  when  work is being performed in violation of this section or
  section 24-146.1 or rules adopted pursuant to  such  sections  and  such
  work poses a threat to human safety.