Abestos Report wEwvosK Department
STAtE OF
orrontumTr. loftabor
Andrew M.Cuomo,Governor
Roberta L.Reardon,Commissioner
Lit f c,
March 17, 2020 `}l `�C 2 9020Vil
Atlantic Testing Laboratories
6431 US Highway 11 TOWN-OF QUEENSBURY
Canton, NY 13617 BUILDING & CO�S,DEPT.
RE: File No. 20-0247 Reviewed By: � 3v 2v
Date:
Dear Sir/Madam:
STATE OF NEW YORK
DEPARTMENT
IIVISION of SAFETY AND HEALTH FILE COPY �1.
The attached is a copy of Decision, dated, 3/17/2020, which I have compared with the
original filed in this office and which I DO HEREBY CERTIFY to be a correct transcript
of the text of the said original.
If you are aggrieved by this decision you may appeal within 60 days from its issuance to
the Industrial Board of Appeals as provided by Section 101 of the Labor Law. Your
appeal should be addressed to the Industrial Board of Appeals, State Office Building Campus,
Building 12, Room 116, Albany, New York, 12240 as prescribed by its Rules and
Procedure, a copy of which may be obtained upon request.
WITNESS my hand and the seal of the
NYS Department of Labor, at the City of
Albany, on this day of 3117/2020.
Edward A. Smith, P.E.
Professional Engineer 2 (Industrial)
302.8-1-2 DEMO-0810-2020
Warren County
275 Bay Rd
Demolition - Commercial Bldg
STATE OF NEW YORK
DEPARTMENT OF LABOR
STATE OFFICE BUILDING CAMPUS
ALBANY, NEW YORK 12240-0100
Variance Petition
of
File No. 20-0247
Atlantic Testing Laboratories,-Limited
Petitioner`s Agent',on 136'alf of DECISION
Warren .County:, Cases 1-6
Petitioner
,........ .......... ..::.. u.... . ICR 56
in re
Premises: Former Commercial Structure
.275 Bay, Road
Queensbury,'NY 12804
Ordered Demolition of Structurally Unsound
Structures
The Petitioner, pursuant to Section 30 of the Labor Law, having filed
Petition No. 20-0247 on March 2, 2020 with the Commissioner of Labor for a
variance from the provisions of Industrial Code Rule 56 as hereinafter cited on
the grounds that there are practical difficulties or unnecessary hardship in
carrying out the provisions of said Rule;.and the Commissioner of Labor having
reviewed the submission of the petitioner dated February 25, 2020; and
Upon considering the merits of the alleged practical difficulties or
unnecessary hardship and upon the record herein, the Commissioner of Labor
does hereby take the following actions:.
Case No. 1 ICR 56-4.6(a)
Page 2 of 5 File No. 20-0247
Case No. 2 ICR 56-7.8 (a) (1)
Case No. 3 ICR 56-11.5 MODIFIED
Case No. 4 ICR 56-8.9 (g) MODIFIED
Case No. 5 ICR 56-9.2 (d) (1)
Case No. 6 ICR 56-11.5 (c) (11)
VARIANCE GRANTED. The Petitioner's proposal for the controlled demolition of
a structurally unsound structure at the subject premises in accordance with the
attached 10-page stamped copy of the Petitioner's submittal, is accepted; subject
to the Conditions noted below:
THE CONDITIONS
Full-Time Proiect Monitor;
1. A full-time independent project monitor shall be on site and responsible for
oversight of the abatement contractor during all abatement activities to
ensure compliance with ICR 56 and variance conditions and to ensure that
no visible emissions are generated. if visible emissions' are observed,
work practices shall be altered according to the project monitor's
recommendations.
2. The Project Monitor shall perform the following functions during asbestos
abatement projects in addition to functions'already required by ICR-56:
a. Inspection of the interior of the asbestos project work area made at
least twice every work shift.accompanied by the Asbestos
Supervisor;
b. Observe and monitor the activities of the asbestos abatement
contractor to.determine that proper work practices are used and are
in compliance with all asbestos laws and regulations;
C. Inform the asbestos abatement contractor of work practices that; in
the Project Monitor's opinion, pose a threat to public health or the,
environment, and are not in compliance with ICR-56 and/or
approved variances or other applicable rules and/or regulations;
d. Document in the Project Monitor Log observations and
recommendations made to the Asbestos Supervisor based upon
the interior/exterior observations of the asbestos project made by
the PM.
3. The PM shall alert the local District Office of the NYSDOL Asbestos
Control Bureau whenever., after the PM has provided recommendations to
the Asbestos Supervisor, unresolved conditions remain at the asbestos
project site,which present a significant potential to adversely affect human
health or the environment.
Page 3 of 5 File No. 20-0247
Ordered Demolitions with RACM to Remain:
4. For structurally unsound buildings/structures that are in imminent danger
of collapse, the local authority having jurisdiction or Code Enforcement
Official (AHJ/CEO) shall attest to the condition of the building/structure in
writing as required by EPA NESHAPS CR 61.145(a) (3). The local
AHJ/CEO shall condemn the building/structure and issue a written order to
demolish the building/structure because it is structurally unsound and in
imminent danger of collapse. The AHJ/CEO may base their order on the
findings of a properly qualified (e.g. Professional Engineer, Registered
Architect, etc.), independent third party that conducts an inspection.
5. The condemnation letter that indicates the building/structure is ordered to
be demolished due to being structurally unsound and in imminent danger
of collapse from the municipality or other AHJ/CEO must be submitted
with the emergency notification request or 10-day notification.
6. A copy of the AHJ/CEO letter shall be posted at the work site.
7. A copy of the AHJ/CEO letter shall also be submitted to the EPA as-
required by CR 145 (b) (4) (xiv).
Perimeter Air Sampling:
8. . In addition to the requirement of Subpart 56-4.9(c), air monitoring shall be
conducted daily at the perimeter of the work area.
9. A minimum of two upwind air samples shall be collected. The samples
shall be spaced 30 degrees apart from the prevailing wind direction.
10. A minimum of three downwind samples shall be collected. The samples
shall be equally spaced in a 180-degree arc downwind from the source.
11. If more than one shift daily is required to accomplish the work, air
monitoring within the'work area during abatement shall be performed on
each shift.
Work Practices:
12. Demolition work shall comply with ICR 56-11.5 except as modified by this
variance.
Page 4 of 5 Pile No. 20-0247
13. For areas where compliance with the twenty-five feet barrier/fence
requirement isn't possible, the areas shall be cordoned off to the
maximum distance possible, and a daily abatement air sample shall be
taken at the reduced barrier.
14. If the owner of an adjacent building (within 25 feet) does not allow,
openings to be sealed as required, the asbestos abatement contractor's
supervisor must document the issue within the daily project log, and will
have the affected building owner sign the log confirming that the owner will
not allow the asbestos abatement contractor to seal the openings in the
building as required. In addition, a daily abatement air sample shall be
included within ten feet of the affected portion of the adjacent building.
Soil/Earth/Dirt Cleanup:
15. After demolition debris has been removed, the site shall be inspected.
Any required cleanup shall include, all visible asbestos or suspect
asbestos debris, Soil removal shall meet ASTM 1368 (latest edition),
Section 9.1.1-9.1.5 inspection criteria.
16. -No pieces of ACM shall be present on top of the soil.
17. Visibly contaminated soil or soil suspected of being contaminated shall be
removed down to the level where no visible contamination is observed.
18. The Project Monitor shall write in the project log that the area has been
cleaned and has passed a visual inspection.
Preparation of Waste Transport Equipment:
19. Dumpsters/trailers used to haul non-friable ACM materials do not need to
be doubled lined as required by ICR 56-11.5 (c) (11).
20. Such trailers must be made air, dust and water-tight prior to leaving the
site.
21. Trailers used to haul RACM shall be double lined as per ICR-56.
Final Clearance:
22. In lieu of post-abatement clearance air monitoring in compliance with ICR-
56®9.2(d), the most recent daily abatement air samples (including those
required by #8-11 above) collected during removal and cleaning
operations in the regulated work area, shall be used for comparison with
iCR 56-4.11 clearance criteria. All other applicable provisions of ICR 56-4
shall be followed for the duration-of the abatement project.
`1
Page 5 of 5 File No. 20-0247
23. Usage of this variance is limited to those asbestos removals identified in
this variance or as outlined in the Petitioner's proposal.
In addition to the conditions required by the above specific variances, the
Petitioner shall also comply with the following general conditions:
GENERAL CONDITIONS
1. A copy of this DECISION and the Petitioner's proposals shall be
conspicuously displayed at the entrance to the personal decontamination
enclosure.
2. This DECISION shall apply only to the removal of asbestos-containing
materials from the aforementioned areas of the subject premises.
3. The Petitioner shall comply with all other applicable provisions of Industrial
Code Rule 56-1 through 56-12.
4. The NYS Department of Labor Engineering Service Unit retains full authority
to interpret this variance for compliance herewith and for compliance with
Labor Law Article 30. Any deviation to the conditions leading to this
variance shall render this variance Null and Void pursuant to 12NYCRR 56-
12.2. Any questions regarding the conditions supporting the need for this
variance and/or regarding compliance hereto must be directed to the
Engineering Services Unit for clarification.
5. This DECISION shall terminate on March 31. 2021.
Date: March 17, 2020
ROBERTA L. REARDON
COMMISSIONER OF LABOR
By
Edward A. Smith, P.E.
Professional Engineer 2 (Industrial)
PREPARED BY: Edward A. Smith, P.E.
Professional Engineer 2(lndL1St1'ial)
REVIEWED BY: Ravi Pilar P.E.
Professional Engineer 1 (Industrial)
LAi' ORA 41('OR-ES
Atbany
M 22 Corporate Drive
Clifton Park,NY 12 C-65
518-383-9144 T
atlanticlesting.coni
WBE certified company
February 25, 2020
New York State Department of Labor
Division of Safety and Health
Engineering Services Unit
Albany, New York 12240
Attn: Mr. Edward Smith, P.E.
Professional Engineer 2 (industrial)
Re: Site-Specific Variance Request
275 Bay Road-Former Commercial Building
Queensbury, New York
ATL Report No, AT5553AV-01-02-20
Ladies/Gentlemen:
We respectfully request relief via variation from specific sections of Industrial Code Rule 56 (12
NYCRR Part 56), as described in Section 30 of the Labor Law, for the referenced project at the
former commercial building located at 275 Bay Road, Queensbury, Warren County, New York.
An incidental disturbance of asbestos-containing materials (ACM) was discovered during an
asbestos survey for demolition of the referenced building. An asbestos survey was completed
for the subject building and the findings are Summarized in a report prepared by Atlantic Testing
Laboratories, Limited (ATL) (reference ATL Report No. AT5553AI-01-08-19, dated August 20,
2019). The table below lists the materials that were determined or assumed to be ACM during
the Survey event.
SUMMARY OF KNOWN OR ASSUMED ACM
�.............-,. :-. -;T.- .:-.-..;: I
Friable/ A
Material ACM Condition Estimated 'I
Quantity I
White Exterior Door Frame Caulk NIM Fair I Square Feet 11
Black Fibrous Seam Sealant NIM Fair 10 Square Feet
Deteriorated White Seam Sealant
NIM Fair 3 Square Feet
Binghamton + Canton * Elmira 4 Plattsburgh * Poughkeepsie a Rochester + Syracuse + Utica +Watertown
2U U24
ATL Report No. AT5553AV-0 1-02-20 February 25, 2020
New York State Department of Labor - -- -------
SUMMARY OF KNOWN OR ASSUMED ACM (CONTINUED)
Friable/ Estimated
Material ACM Condition Quantity
T e
Comingled Roofing Materials
Associated With Awning Roof
(Black Tar, Red Shingle, Black 510 Square
Vapor Barrier, Black Asphalt NIM Fair Feet
Shingle, Red Asphalt Shingle and
Black Tar Paper)
Black Tar Paper with Mesh NIM poor 1 Square Foot
Gray Seam Sealant Associated
with Roof Wall NIM Poor 5 Square Feet
White Caulk Associated with Wail
Flashing NIM Poor 3 Square Feet
Off-White Caulk Associated with
Textured Wallboard NIM Fair 3 Square Feet
Co-Mingled Roofing Associated
With Roof Area A(Black Asphalt
Shingle,Black Tar,Tar Paper, and 2,000 Square
Black Vapor Barrier Composite NIM Poor Feet
Board)
Black Tar YIM Poor 100 Square
Feet
Gray Seam Sealant Y/M Poor 15 Square Feet
Black Tar Associated with Metal Roof Deck Seams Y/M Poor 25 Linear Feet
Comingled Roofing Associated
with Roof Area 1 (Black Asphalt NIM Poor 800 Square
Shingle,Black Tar Paper,and Red Feet
Asphalt Shingles)
Red Asphalt Shingle Associated 150 Square
with Roof Walls NIM Poor Feet
Comingled Roofing Associated
with Roof Area 5(Black Vapor NIM Poor 900 Square
Barrier,Black Tar, and Red Feet
As halt Shingles
20024 �
ATL Report No. AT5553AV-01-02-20 February 25, 2020
New York State Department of Labor
SUMMARY OF DETERMINED OR ASSUMED ACM (CONTINUED)
Friable/ Estimated
Material ACM Condition quantity
T e
Fibrous Black Seam Sealant NIM Poor 50 Square Feet
Silver Asphalt Shingle(Patch) NIM poor 25 Square Feet
Older Off-white window Glazing NIM Poor 7 Square Feet
Off-White Window Glazing NIM Poor 85 Square Feet
White Window Glazing N/M Poor 37 Square Feet
Beige Cloth Seam Tape
(Braided/Coated Black) Y/M Fair 4 Square Feet
Black Roof Tar(Composite
Sample of Collapsed Roofing NIM Poor 2,500 Square
Materials) Feet
Black Roof Tar(Roof Debris On 7,000 Square
Floor,Composite) NIM Poor Feet
Black Seam Sealant
(Patch) NIM Poor 1 Square Foot
Black Textured Rolled Roofing NIM Poor 300 Square
Feet
Black Roof Tar(Miscellaneous
Roofing Debrisf NIM Poor 10 Square Feet
Second Floor and Office 2 3,500 Square
Building Materials NIM Poor Feet
Y=Friable, N=Non-Friable,S=Surfacing,T=Thermal, and M=Miscellaneous
We request that the abatement of the building be incorporated with the demolition and cleanup
of the entire building superstructure, due to the extent of the impacted areas and the presence
of ACM mixed with the building debris within the structure. Furthermore, the condition of the
structure would not allow for an interior cleanup to be performed on the second floor or below
the second floor area of the structure, due to health and safety concems with potential for
collapse. The roof structure is also compromised and has collapsed in several locations of the
building. The demolition would be performed following 12 NYCRR 56-11.5 and additional
stipulations. The work area will be cleared subsequent to removal of the building. Requisite
work area clearance will include a final visual inspection per 12 NYCRR 56-9.1, and using the
most recent set of daily air samples(for large project) to serve as the final clearance air samples
per 12 NYCRR 56-9.2.
This variance request is to facilitate completion of the referenced project in a safe and cost
effective manner, While remaining consistent with the intent of Industrial Code Rule 56. A
2002 � ` d
ATL Report No. AT5553AV-01-02-20 February 25, 2020
New York State Department of Labor
description of the work area, and summaries of the Industrial Code Rule 56 relief requested and
proposed abatement methods, are provided in Attachment #1. A copy of the letter of
condemnation and a completed SH752 (0208) form, 'Petition for Asbestos Variance", are also
attached.
Thank you for your assistance in this matter. Please contact our office should you have any
questions, or require additional information.
Sincerely,
ATLANTIC TESTING LABORATORIES, Limited
,��; ,W
Joseph D. Grabowski
Asbestos Services Manager
NYSDOL Certified Designer No. 01-08166
JDG/CJD/jdg
Attachments
20024
ATL Report No. AT5553AV-0 1-02-20 February 25, 2020
New York State Department of Labor
ATTACHMENT-Work Area #1
Section 8
Work Area Description Table:
The project site is the former commercial structure located at 275 Bay Road, Queensbury,
Warren County, New York. An incidental disturbance of asbestos-containing materials (ACM)
was discovered during an asbestos survey of the referenced building. Warren County is
planning to demolish the subject building. The removal will follow 12 NYCRR 56-11.5, with
additional stipulations as shown in variance Section 11 below. The building does have a letter
of condemnation and the town of Queensbury has installed red warning signs on the building to
deter the public from entering.
The scope of work consists of the controlled demolition of the subject building due to the
incidental disturbance of ACM throughout the structure and the condition of the structure and
building materials. Several ACM, as identified in the pre-demolition asbestos survey, will be
included in the abatement process during the scheduled demolition work. Materials determined
or assumed to be ACM are summarized in the table below.
SUMMARY OF KNOWN OR ASSUMED AGM
Friable! Estimated
Material ACM Condition Quantity
T pe
White Exterior Door Frame Caulk NIM Fair 1 Square Feet
Black Fibrous Seam Sealant N1M Fair 10 Square Feet
Deteriorated White Seam Sealant N/M Fair 3 Square Feet
ZUUZ4 �
ATL Report No. AT5553AV-01-02-20 February 25, 2020
New York State Department of Labor
SUMMARY OF DETERMINED OR KNOWN ACM (CONTINUED)
Friable/ Estimated
Material ACM Condition Quantity
Type
Associated With Awning Roof
(Black Tar, Red Shingle, Black
Vapor Barrier, Black Asphalt 510 Square
Shingle,Red Asphalt Shingle and NIM Fair Feet
Black Tar Paper)
Black Tar Paper with Mesh NIM Poor 1 Square Feet
Gray Seam Sealant Associated
with Roof Wall NIM Poor 5 Square Feet
White Caulk Associated with Wall
Flashing NIM Poor 3 Square Feet
Off-White Caulk Associated with
Textured Wallboard NIM Fair 3 Square Feet
Co-Mingled Roofing Associated
With Roof Area 4(Black Asphalt
Shingle,Black Tar,Tar Paper,and NIM Poor 2,000 Square
Black Vapor Barrier Composite Foot
Board)
Black Tar Y/M Poor 100 Square
Feet
Gray Seam Sealant Y/M Poor 15 Square Feet
Black Tar Associated with Metal Y/M Poor 25 Linear Feet
Roof Deck Seams
Comingied Roofing Associated
with Roof Area 1 (Black Asphalt 800 Square
Shingle,Black Tar Paper,and Red NIM Poor Feet
Asphalt Shingles)
Red Asphalt Shingle Associated 150 Square
with Roof Walls NIM Poor Feet
Comingted Roofing Associated
with Roof Area 5(Black Vapor NIM Poor 900 Square
Barrier, Black Tar,and Red Feet
As halt Shin les)
i 20024 �
y ATL Report No.AT5553AV-01-02-20 February 25, 2020
New York State Department of Labor
SUMMARY OF DETERMINED OR ASSUMED ACM (CONTINUED)
Friable/ Estimated
Material ACM Condition Quantity
—.Type
Fibrous Black Seam Sealant NIM Poor 50 Square Feet
Silver Asphalt Shingle(Patch) NIM Poor 25 Square Feet
Older Off-White Window Glazing NIM Poor 7 Square Feet
Off-White Window Glazing NIM Poor 85 Square Feet
White Window Glazing NIM Poor 37 Square Feet
Beige Cloth Seam Tape
(Braided/Coated Black) Y/M Fair 4 Square Feet
Black Roof Tar(Composite
Sample of Collapsed Roofing NIM Poor 2,500 Square
Materials) Feet
Black Roof Tar(Roof Debris On 7,000 Square
Floor,Composite) NIM Poor Feet
Black Seam Sealant
(Patch) NIM Poor 1 Square Foot
Black Textured Rolled Roofing NIM Poor 300 Square
Feet
Black Roof Tar(Miscellaneous
Roofing Debris)6 NIM Poor 10 Square Feet
Second Floor and Office 2 3,500 Square
Building Materials N/M Poor Feet
�Y=Friable,N=Non-Friable, S=Surfacing,T=Thermal, and M=Miscellaneous
Section 8
ICR 56 Relief Sought:
As the Town of Queensbury has issued a letter of condemnation, the building will require
demolition under asbestos work practices. The abatement will be performed in accordance with
the provisions set forth in Subpart 11.5 of the Code Rule 56 (12 NYCRR 56) regulation. This
petition requests relief from the following sections of 12 NYCRR Section 30 of the Labor Law,
and the items for relief will be applicable only for the ACM associated with the demolition of the
referenced building with the identified ACM left in-place.
56-11.2 Emergency Projects (Minor incidental Disturbance)
56-11.5 Controlled Demolition with Asbestos In Place
20024 k
ATL Report No. AT5553AV-01-02-20 February 25, 2020
New York State Department of Labor - --
Section 11
Proposed Abatement Method Description for Each Work Area or method Used:
The cleanup and abatement for this work area shall be performed following 12 NYCRR 56-11.5,
with the following additional requirements:
1. An attached large size personal decontamination unit shall be utilized for the project.
2. The work area shall be established utilizing construction snow fence and asbestos danger
red barrier tape along with asbestos danger signage. The work area barriers shall be
placed a minimum of 25 feet from the active work area. If 25 feet is not practical due to
rights-of-way or other site limitations, the barrier shall be placed at the furthest distance that
is practical and an additional air sample shall be placed at the reduced barrier.
3. A full-time certified Project Monitor shall be required on-site whenever the abatement
contractor is performing Phase IIA through Ill)abatement activities.
4. The superstructure shall be demolished pursuant to criteria specified in 12 NYCRR 56-11.5.
All generated waste shall be considered regulated asbestos-containing material (RACK).
5. If requested by the Owner, the concrete slab shall remain and be cleaned by wet methods
and visually inspected by the contractor supervisor and the certified project monitor after the
two-hour waiting and settling period has been observed.
6. After a 2-hour waiting/settling period is complete, the Project Monitor shall inspect the area
to verify that there is no pooling of water remaining in the work area. If the area is dry, the
Project Monitor shall perform the final visual clearance per 12 NYCRR 56-9.1.
7. The most recent set of daily abatement air samples shall serve as the final air clearance
samples per 12 NYCRR 56-9.2. If the most recent set of daily air samples satisfy the
clearance criteria of 0.01fibers/cc, the work area shall be deconstructed and turned over to
the owner.
TOWN' OF QUEENSBURY
1.12 13aij Road, Ourcilsburv, i\l)'. '12304-590'
Lexie A. Delurey November 6, 2019
Real Property Tax service
Warren County Municipal Center
1,340 State Route 9
Lake George, New York 129,15
Re:Mullen Building 275 Bay Road
Unsafe Structure Declaration,Town of Queensbury
21
Dear Lexie,
As requested this letter will serve a notice that per New York State Property Maintenance Code section
0 110.1 and Chapter 60 of the'town Code the structure at 275 Bay Rd. is consider unsafe structure that
U presents a clear and imminent clanger to the life,safety or health of any person who should enter the
property. (3)
I
Specifically the roof on the structure is partiall
y collapsed and the main supports of the building roof
LL_ structure have been compromised. the roof i-, struct(INMly unstable because the roof has been exposed LL
to the elements for a number of years. 04
trust this will address the issue with cieclaring the building unsafe. L
LJ
David Hatin
Director of Building and Code Enforcement
Town of Quee.(tsbury
518 761-8253 1 1 29 ZZ
" Home of Natural Bean t A Good Place to Live
nafionadgud
December 22, 2020
Email: nicholas.bronze@yahoo.com
DEC 2 9 202.0
Subject: National Grid GSR No.: 30295169 P.E
Service Address: 275 Bay Road, Queensbury
This letter is to advise you that the natural gas service line to the above location was
physically disconnected on December 21, 2020.
The service has been retired at the main.
If you feel that the location where the service was terminated (as stated
above) will interfere with your planned excavation, please contact us
immediately and do not start excavation.
New York State law requires anyone planning underground excavation work to notify
local utilities by calling "811", or 800-962-7962. This confirmation letter of
disconnect does not relieve the excavator of making this "811" call.
Respectfully,
VA Xe&om
Debi Melsom
Gas Connections UNY
Phone: (518) 603-4015
Email: deb ra-.melsom6c nation a larid.co m
1125-Broadway,Albany,NY 12204
nationalgrid
300 Erie Boulevard West
Syracuse,New York 13202
DATE 12/30/2020
RE: Service Removal for Building Demolition.
This letter is to confirm that,per your request,National Grid has confirmed electrical
service and meters have been removed from 275 Bay Rd., Queensbury,,NY . The work
was processed on work request#30295166. If you have any questions or need further
assistance,please feel free to contact us at 800-260-0054.
Sincerely,
Lydia Styb ESR3
Customer Connections UNY
nationalgrid
bE(v�0 • O$lo 20 ZJ