Limitation of Airborne Particulates in Spraying of Insulating Material

Adopted Rules: Closed to Comments

Effective Date: 
Monday, April 23, 2018

Statement of Basis and Purpose of Rule

Local Law Number 38 for the year 2015 amends Title 24 of the Administrative Code of the City of New York by requiring the department to promulgate rules that will require precautions to be in place prior to the spraying of insulating material in or upon any building during construction, alteration or repair.

DEP promulgates these rules, as required by Section 24-146(e), with the goal of reducing dust released into the environment, which is a known cause of asthma and other respiratory complications.

This rulemaking sets forth DEP’s determination as to the precautions that must be followed to comply with Section 24-146(e).

Consistent with the above, DEP promulgates the following new Rule, to be found at 15 RCNY Chapter 49. This rule excludes spray on foam applications from the definition of “insulating material.” DEP revised the rule both in the applicability section as well as clarified precautions that must be taken based on industry practices as well as city and state regulations governing this subject matter.

The Rule is authorized by Section 1043 of the New York City Charter and section 24-105 and 24-146(e) of the Administrative Code.