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New York Tightens Construction Safety Standards, Bars Building Demolition During Asbestos Removal

Wednesday, December 9th, 2009

New York Mayor Michael Bloomberg signed legislation this week that prohibits simultaneous demolition and asbestos removal activities in the same building.

The measure is aimed to improve construction safety standards. It’s the last of a dozen pieces of legislation crafted in response to the fatal August 2007 fire at the former Deutsche Bank building that killed two firefighters.

“The possibility of a dangerous—even life threatening—situation is increased when demolition work is combined with asbestos abatement activities,” Mayor Bloomberg said in a press release.

Demolition activities increase fire risks, and asbestos containment structures in buildings may limit firefighters access to parts of a building when the work is done at the same time that a structure is being torn down.

Due the density of development in New York, buildings must be dismantled floor by floor rather than demolished with explosive devices. But all asbestos fibers must be carefully contained and removed before a building is demolished because asbestos dust if inhaled can cause serious respiratory diseases including lung cancer and mesothelioma, a cancer of the lining of the lungs.

Under the new law, any future simultaneous demolition and asbestos removal activities would be prohibited unless specially approved and monitored by the departments of Buildings and Environmental Protection and Fire Department. It takes effect in 180 days.

After the Deutsche Bank fire, Bloomberg ordered a review of oversight of demolition and asbestos abatement activities. The panel that did the review developed a number of recommendations to enhance oversight and improve safety that were adopted as legislation.

Earlier legislation passed by the city council and signed by the mayor established a permit program for asbestos abatement activities, enhanced asbestos cleanup safeguards, prohibited smoking in any part of a building where asbestos abatement is taking place, and required the New York’s Department of Environmental Protection to guide environmental contractors on how to maintain entrances and exits at asbestos cleanup sites.

“Taken together, these twelve measures represent a significant overhaul of the city’s demolition and asbestos abatement procedures,” Council Speaker Christine C. Quinn said in a press release.

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