New York Laws
Article 30 - Asbestos or Products Containing Asbestos; Licensing
901 - Definitions.

§ 901. Definitions. As used in this article, the following terms have
the meanings indicated:

1. "Approved asbestos safety program" means a program approved by the
commissioner of health providing training in the handling and use of
asbestos and asbestos material, education concerning safety and health
risks inherent in such handling and use and training in techniques for
minimizing exposure of the public to asbestos fibers.

2. "Asbestos" means any naturally occurring hydrated mineral silicate
separable into commercially usable fibers, including chrysotile
(serpentine), amosite (cummingtonite-grunerite), crocidolite
(riebeckite), tremolite, anthrophyllite and actinolite.

3. "Asbestos contract" means an oral or written agreement contained in
one or more documents for the performance of work on an asbestos project
and includes all labor, goods and services.

4. "Asbestos handling certificate" means a certificate issued by the
commissioner pursuant to the provisions of this article to a person who
has satisfactorily completed an approved asbestos safety program.

5. "Asbestos handling license" means a license issued by the
commissioner pursuant to the provisions of this article to an asbestos
contractor engaged in an asbestos project.

6. "Asbestos material" means any material containing more than one
percent by weight of asbestos.

7. "Asbestos project" means work undertaken which involves the
removal, encapsulation, enclosure, repair or disturbance of friable or
non-friable asbestos, or any handling of asbestos material that may
result in the release of asbestos fiber except for work in an
owner-occupied single family dwelling performed by the owner of such
dwelling and, for the purpose of compliance with regulations promulgated
pursuant to subdivision one of section nine hundred six of this article,
except for in-plant operations as defined in subdivision thirteen of
this section. Where all asbestos work on a project is subcontracted to
an asbestos contractor with an asbestos handling license, only that part
of the work involving asbestos shall be deemed to be an asbestos
project.

8. "Commissioner" means the commissioner of labor.

9. "Asbestos contractor" means the state, any political subdivision of
the state, a public authority or any other governmental agency or
instrumentality thereof, self-employed person, company, unincorporated
association, firm, partnership or corporation, limited liability
corporation or professional limited liability corporation and any owner
or operator thereof, which engages in any portion of an asbestos project
or employs persons engaged in an asbestos project.

10. "Department" means the department of labor.

11. "Entity" means a partnership, association, joint venture, company,
sole proprietorship, corporation, limited liability corporation,
professional limited liability corporation or any other form of doing
business.

12. "Friable" means any material that when dry, can be crumbled,
pulverized, crushed or reduced to powder by hand pressure or is capable
of being released into the air by hand pressure.

13. "In-plant operations" means work within the premises of an
employer other than the state, any political subdivision of the state, a
public authority or other governmental agency or instrumentality
thereof, in an area to which persons other than employees of that
employer directly involved in the work will not have access during the
course of the work and which is performed in a manner consistent with
federal regulations promulgated under the federal occupational safety
and health act pursuant to chapter 15 of title twenty-nine of the United

States code, and is performed in a manner which will not expose the
public or employees of that employer not directly involved with the
asbestos project to asbestos fibers in excess of background levels or
.01 fibers per cubic centimeter, provided that the work involves the
encapsulation, enclosure, removal, repair, disturbance or handling of
(a) less than one hundred sixty square feet or two hundred sixty linear
feet of asbestos or asbestos material and is performed by employees of
such employer or (b) any quantity of non-friable organically bound
asbestos material.

14. "Non-friable organically bound (NOB) asbestos material" means a
wide range of non-friable asbestos materials embedded in
flexible-to-rigid asphalt or vinyl matrices, including but not limited
to, flooring materials, adhesives, mastics, asphalt shingles, roofing
materials and caulks.

15. "Parent company" means an entity that directly, or indirectly
through one or more intermediaries, controls the asbestos contractor.

16. "Person" means any natural person.

17. "Subsidiary" means an entity that is controlled directly, or
indirectly through one or more intermediaries, by an asbestos contractor
or by the asbestos contractor's parent company.

18. "Substantially owned-affiliated entity" means, in relation to any
asbestos contractor, any (a) parent company of the asbestos contractor,
(b) subsidiary of the asbestos contractor, (c) successor of the asbestos
contractor, (d) entity in which the parent company of the asbestos
contractor owns more than fifty percent of the voting stock, (e) entity
in which one or more of the top five shareholders of the asbestos
contractor individually or collectively also owns a controlling share of
the voting stock, or (f) entity which exhibits any other indicia of
control over the asbestos contractor or over which the asbestos
contractor exhibits control, regardless of whether the controlling party
or parties have any identifiable or documented ownership interest. Such
indicia shall include, but not be limited to, power or responsibility
over employment decisions, access to and/or use of the relevant entity's
assets or equipment, power or responsibility over contracts of the
entity, responsibility for maintenance or submission of certified
payroll records, and influence over the business decisions of the
relevant entity.

19. "Successor" means an entity engaged in work substantially similar
to that of the predecessor, where there is substantial continuity of
operation with that of the predecessor.