NY DOL Asbestos Variances & Project Design
When a job cannot follow Code Rule 56 as written, we design the project and prepare the variance petition.
What a site-specific variance is
Industrial Code Rule 56 is the New York asbestos rule. Some buildings, especially fire-damaged ones, occupied buildings, and unusual materials, cannot follow every section as written. A site-specific variance is the petition that asks the Department of Labor to approve a different procedure for that job. NYS DOL requires the petition to be prepared by a certified Project Designer. Petitions are filed through the department's MPWR system. A site-specific variance is valid for one year. See the New York asbestos rules.
Applicable variances, such as the floor-tile variance contractors ask about, are standing variances the department has already issued. A site-specific variance is written for one project. We will tell you which one the job needs after we see the survey.
Who prepares it
ClearVU prepares variance petitions. Petitions are prepared by NYS DOL-certified project designers and Vermont-certified asbestos project designers on our team. New York license: NYS DOL Asbestos Handling License 282890.
Fire debris and other hard jobs
NYS DOL's fire guidance says mixed debris does not have an approved bulk method. A contamination assessment is sometimes needed; see the surveys page. A Project Designer determines whether a variance is needed. Occupied buildings, limited staging, and materials that cannot be removed the way the code assumes are the other usual reasons to design a variance.
What happens after the petition
Once the work is approved to proceed, project monitoring documents the job and clearance air sampling closes it. Design, monitoring, and air sampling can be scoped together.
A variance petition follows the department's review clock, which is separate from laboratory turnaround.
Source: NYS DOL Code Rule 56.
Common questions
Short answers first. More on the FAQ page.
When is a site-specific variance needed?
When a project cannot follow Industrial Code Rule 56 as written. A DOL-certified Project Designer prepares the petition. It is filed through MPWR, and a site-specific variance is valid for one year.
Source: NYS DOL Code Rule 56Who writes the abatement plan, and when do I need a variance?
When a job cannot follow Code Rule 56 as written, a DOL-certified Project Designer prepares a site-specific variance petition. ClearVU prepares the petition. It is prepared by NYS DOL-certified project designers and Vermont-certified asbestos project designers on our team.
Why do fire jobs often need a variance?
DOL guidance says there is no approved method for mixed fire debris. A contamination assessment is sometimes needed, and a Project Designer determines whether a variance is needed.
Asbestos surveys after a fireHow long do results take?
We'll tell you when to expect the report when you book.
Verify licenses
Check each license with the agency that issues it.
Request a variance or project design
Call 518.832.9213 or email support [at] cvenv [dot] com. Sample drop-off at our Queensbury office.