PACNY Delivers Industry-Clarified Guidance

Professional Abatement Contractors of New York (PACNY) is pleased to share important news that directly addresses longstanding confusion surrounding New York State Department of Labor (NYS DOL) asbestos survey requirements.

During a meeting last fall between PACNY President, Kevin Hutton, EAST Centers of NY, Vice President, Russ Vent, Paul Davis Restoration of Buffalo, Niagara and Rochester, and members Kevin Cannan, AAC Contracting and Mike Waller Lozier Environmental Consulting and NYS DOL leadership, our organization raised the issue of misinterpretation around the Industrial Code Rule 56 (ICR 56) “1974 cut-off date.” Property owners, insurance adjusters, and general contractors have often misread this language, assuming that buildings constructed after 1974 did not require asbestos surveys. PACNY advocated for clearer guidance to eliminate this costly and unsafe misunderstanding.

During a meeting held last fall, PACNY President Kevin Hutton, EAST Centers of NY and Vice President Russ Vent, Paul Davis Restoration of Buffalo, Niagara, and Rochester, and PACNY members Kevin Cannan of AAC Contracting and Mike Waller of Lozier Environmental Consulting and NYS Department of Labor leadership, raised concerns regarding the misinterpretation of Industrial Code Rule 56 (ICR 56) regarding the “1974 cut-off date.” Property owners, insurance adjusters, and general contractors have frequently misread this language, assuming that buildings constructed after 1974 were exempt from asbestos surveys. PACNY advocated for clearer guidance to dispel this costly and hazardous misunderstanding.

Today, we are pleased to report that NYS DOL has issued a formal clarification that resolves this confusion once and for all:

“Thus, surveys are required for all demolitions, renovations, remodels, or repairs regardless of construction date. Otherwise, the building or structure must be assumed to contain asbestos.” 

This language reaffirms that asbestos surveys are not optional, regardless of the age of a building. The clarification ensures consistency, protects workers and the public, and aligns regulatory expectations across all stakeholders.

PACNY is proud to have played a role in initiating this important clarification and will continue to work with regulators to ensure that our industry operates with clarity, professionalism, and safety at the forefront.

What this means for you:

• No building is exempt based on construction date.

• An asbestos survey by a certified NYS inspector is required before any demolition, renovation, remodel, or repair.

• Without a survey, the building must be treated and demolished as an asbestos project.

For questions, please contact your regional Asbestos Control Bureau District Office or reach out to PACNY for assistance.

Click here to see the DOL Document