NYC Building Code § BC 3301 General
Section BC 3301: General
3301.1 Scope.
The provisions of this chapter shall govern the conduct of all construction or demolition operations with regard to the safety of the public and property. For regulations relating to the safety of persons employed in construction or demolition operations, OSHA standards shall apply.
3301.1.1 Responsibility for safety.
Nothing in this chapter shall be construed to relieve persons engaged in construction or demolition operations from complying with other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on any party engaged in a construction or demolition operation, including but not limited to the owner, construction manager, general contractor, subcontractors, material men, registered design professionals, or other party to engage in sound design and engineering, safe construction or demolition practices, including but not limited to debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.
3301.1.2 Fire code.
In addition to the requirements of this chapter, construction or demolition operations shall also be conducted in conformance with the New York City Fire Code.
3301.1.3 Manufacturer specifications.
See Section 3301.6.1.
3301.1.4 Sizes.
All sizes and dimensions prescribed in this chapter are minimum requirements, unless otherwise specified. Lumber sizes are nominal or commercial except where stated otherwise.
3301.2 Safety measures and safeguards.
Contractors, construction managers, and subcontractors engaged in construction or demolition operations shall institute and maintain all safety measures required by this chapter and provide all equipment or temporary construction installations necessary to safeguard the public and property affected by such contractor's operations.
3301.3 Site safety managers, coordinators and construction superintendents.
A site safety manager or site safety coordinator must be designated and present at the construction or demolition of a major building in accordance with Section 3310. A construction superintendent is required for the construction or demolition of buildings as identified in Section 3301.13.3.
3301.4 Inspection.
Structures, temporary construction installations, materials, operations, and equipment shall be inspected as required by this code, and records of such inspections shall be maintained as required by this code.
3301.4.1 Inspection of equipment where the code does not specifically require an inspection.
Where this code does not specifically require an inspection, any equipment, except hand tools, that would affect the safety of the public or property when operated shall be inspected by a competent person designated by the contractor using the equipment before the equipment is used at the site and on a periodic basis thereafter throughout the duration of the job. The results of the inspection shall be documented in an inspection checklist signed and dated by the competent person who performed the inspection.
(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
3301.5 Unsafe conditions.
Any structure, temporary construction installation, material, operation, or equipment found to be defective or unsafe, and posing a risk to the public or property, shall be immediately secured and corrected, or removed from the site.
(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
3301.6 Manufacturer specifications, design, and capacity.
The permit holder, or where there is no permit holder, the contractor or other entity causing the work to be performed, shall ensure compliance with manufacturer specifications, design documents, and capacity restrictions in accordance with Sections 3301.6.1 through 3301.6.5 and other applicable sections of the code. Where there is a discrepancy between a manufacturer specification, design document, capacity restriction, or other applicable code section, the more stringent requirement shall apply.
3301.6.1 Manufacturer specifications.
During construction or demolition operations, structures, building systems or components, temporary construction installations, materials, and equipment shall be installed, removed, and utilized in accordance with the specifications of their manufacturer, where such specifications exist.
3301.6.2 Design requirements.
Whenever design is required by this chapter, the design shall be in accordance with the requirements of this code. This requirement does not alleviate any other design requirements imposed by law or the manufacturer.
3301.6.3 Designer.
Where design is required by this chapter, the design shall be executed by or under the supervision of a registered design professional, who shall cause his or her seal and signature to be affixed to such documents that may be required for the work
Exception: Where this chapter specifically indicates that the design may be executed by another individual.
3301.6.4 Capacity.
No structure, building system or component, temporary construction installation, material, or equipment, including any partially or fully completed element or section, shall be utilized in excess of its capacity.
3301.6.5 Design documents.
Whenever design is required by this chapter, the design shall be indicated in plans and specifications and other written, graphic and pictorial documents that are prepared or assembled for describing the design, location, physical characteristics, and other elements of the project. Design documents shall be complete and of sufficient clarity to indicate the location and entire nature and extent of the work proposed, and shall show in detail that the work conforms to the provisions of this code and other applicable laws and rules.
3301.7 Documents to be maintained on site.
Where this chapter requires documents, including but not limited to construction documents, submittal documents, shop drawings, inspection reports, logs, checklists, meeting records, pre-construction surveys, designation letters, site safety plans, fire safety and evacuation plans, tenant protection plans, occupant protection plans, or monitoring plans, copies of such documents shall be maintained at the site for the duration of the job and made available to the commissioner upon request. Copies of required construction documents or other design drawings shall also be maintained by the permit holder and the designer. Copies of required inspection records, including but not limited to reports, logs, or checklists, shall also be maintained by the permit holder and the entity that performed the inspection. Copies of required plans shall also be maintained by the permit holder and the entity that developed the plan. Copies of all other documents required by this chapter shall also be maintained by the permit holder.
3301.7.1 Other obligations.
Where this chapter requires documents to be maintained by another specified entity, such documents shall be maintained by such specified entity.
(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
3301.7.2 Manufacturer specifications.
Where compliance with manufacturer specifications is required by this chapter, copies of such manufacturer specifications shall be available at the site and made available to the commissioner upon request. Manufacturer specifications that can be readily downloaded from the manufacturer's website or that are stored in an electronic format acceptable to the commissioner shall satisfy the requirements of this section. A serial number, make and model number, or other similar identification shall be maintained in a legible condition on the item for which the manufacturer specification is required such that the identification can be used to match the item to the manufacturer specification.
Exception: Where this chapter specifically requires that the manufacturer specifications for a specific item be physically maintained at the site, downloadable or electronically formatted manufacturer specifications will not satisfy the accessibility and availability requirements of this section.
3301.8 Incidents and damage to adjoining property.
The department shall be notified immediately by the permit holder, or a duly authorized representative, of any incident at a construction or demolition site, or of any damage to adjoining property caused by construction or demolition activity at the site. Where required by Section 3301.13.11 or Section 3310.8.2.1, incidents or damage to adjoining property shall instead be reported by the construction superintendent or the site safety manager or coordinator.
3301.8.1 Additional notifications.
Nothing in this section shall diminish or relieve other notification requirements imposed by this chapter, including but not limited to, notifications by the site safety manager, site safety coordinator, concrete safety manager, or hoisting machine operator.
3301.8.2 Use and tampering prohibited.
Following an incident, no person shall permit any of the following without the permission of the commissioner, or without a lawful order from the New York city police or fire department:
1. Use or operation of any equipment or structure damaged or involved in the incident; or
2. Removal or alteration of any equipment, structure, material, or evidence related to the incident.
Exception: Immediate emergency procedures taken to secure structures, temporary construction installations, operations, or equipment that pose a continued imminent danger or to facilitate assistance for persons who are trapped or who have sustained bodily injury.
3301.9 Signs at a construction or demolition site.
Signs shall be posted at a construction or demolition site in accordance with Sections 3301.9.1 through 3301.9.8. It is the responsibility of the permit holder for the underlying construction or demolition work, or where there are no active permits, the building owner, to ensure such signs are posted and maintained at the site in accordance with Sections 3301.9.1 through 3301.9.8, and to ensure that such signs are updated in a timely fashion to reflect any revised information.
3301.9.1 Fence project information panel.
Where a site is enclosed with a fence in accordance with Section 3307.7, a project information panel meeting the requirements of Sections 3301.9.1.1 through 3301.9.1.6 shall be posted. Required project information panels shall be in place throughout the duration that the fence remains at the site.
Exception: Project information panels at government-owned sites or at sites with government funding may be modified in accordance with department rule.
3301.9.1.1 Project information panel content.
Project information panels shall contain the following information:
1. A rendering, elevation drawing, or zoning diagram of the building exterior that does not contain logos or commercially recognizable symbols;
2. A title line stating "Work in Progress:" and specifying the intended type(s) of zoning use(s) (e.g. Residential, Commercial, Manufacturing, Retail, Office, Hospital, School);
3. Anticipated project completion date;
4. The corporate name, address, and telephone number of the owner of the property;
5. Website address or phone number to contact for project information;
6. The corporate name and telephone number of the general contractor, or for a demolition site, the demolition contractor;
7. The statement, in both English and Spanish, "TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS WORK SITE, CALL 311."; and
8. A copy of the primary project permit, with accompanying text "To see other permits issued on this property, visit: www.nyc.gov/buildings." The permit shall be laminated or encased in a plastic covering to protect it from the elements or shall be printed directly onto the project information panel.
Exception: A rendering, elevation drawing, or zoning diagram of the building exterior is not required for demolition projects.
3301.9.1.2 Posting of project information panels.
A project information panel shall be posted on the fence on each perimeter fronting a public thoroughfare. Where such perimeter is more than 150 feet (45 720 mm) in length, a project information panel shall be posted at each corner. Such panels shall be posted on the fence at a height of 4 feet (1219 mm) above the ground, with such distance measured from the ground to the bottom edge of the panel.
3301.9.1.3 Project information panel material.
Project information panels shall be constructed out of a durable and weatherproof material such as vinyl, plastic, or aluminum, and such material shall be flame retardant in accordance with NFPA 701 or listed under UL 214.
3301.9.1.4 Project information panel specifications.
Project information panels shall be 6 feet (1829 mm) wide and 4 feet (1219 mm) high, with the content required by Section 3301.9.1.1 arranged in accordance with Figures 3301.9.1.4(1) and 3301.9.1.4(2). The content required by Section 3301.9.1.1, items number 2 through 7 shall be written in the Calibri font or similar sans serif font style, with letters a minimum of 1 inch (25 mm) high, as measured by the upper case character. Such letters shall be white, on a blue background, with such blue color of a shade matching Pantone 296M, RGB 15, 43, 84, or CMYK 100, 88, 38, 35.
Exceptions:
1. The dimensions for a project information panel posted in conjunction with a demolition project shall be 2 feet 4 inches (711 mm) wide and 4 feet (1219 mm) high, in accordance with Figure 3301.9.1.4(1).
2. For construction sites with a street frontage less than 60 feet (18 288 mm), the dimensions for a project information panel, other than that posted in conjunction with a demolition project, shall be 55 inches (1397 mm) wide and 36.5 inches (927 mm) high, in accordance with Figure 3301.9.1.4(3).
Figure 3301.9.1.4(1)
Fence Project Information Panel Text Detail
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
Figure 3301.9.1.4(2)
Fence Project Information Panel Layout
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
Figure 3301.9.1.4(3)
Fence Project Information Panel Layout for Small Lots
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
3301.9.1.5 Updating content.
When content required by Section 3301.9.1.1 changes, the project information panel shall be updated.
3301.9.1.6 Maintenance of project information panels.
Project information panels shall be maintained so that the panel remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards. Content required by Section 3301.9.1.1 shall not be obscured by panel attachments, including but not limited to grommets or grommet holes.
3301.9.2 Sidewalk shed parapet information panel.
Where a sidewalk shed is installed, a sidewalk shed parapet information panel meeting the requirements of Sections 3301.9.2.1 through 3301.9.2.6 shall be posted. Required sidewalk shed parapet information panels shall be in place throughout the duration that the sidewalk shed remains at the site.
3301.9.2.1 Sidewalk shed parapet information panel content.
Sidewalk shed parapet information panels shall contain the following information and be arranged in accordance with Figure 3301.9.2.1:
1. The street, address of the site;
2. Name (which may incorporate a logo) of the contractor responsible for the site or where there is no contractor, the name (which may incorporate a logo) of the owner of the site; and
3. The statement "For more information, visit www.nyc.gov/buildings."
Figure 3301.9.2.1
Sidewalk Shed Parapet Information Panel Layout
3301.9.2.2 Posting of sidewalk shed parapet information panels.
Sidewalk shed parapet information panels shall be posted on the parapet that runs along the long axis of the sidewalk shed. Where a sidewalk shed extends along multiple street frontages, not including incidental extensions at a street corner, a parapet information panel shall be posted along each long axis. Such sidewalk shed parapet information panel:
1. Shall not be posted above or below the level of the parapet; and
2. Shall be posted, as viewed from the perspective of an individual on the sidewalk opposite the long axis of the sidewalk shed and facing the sidewalk shed, in a location that is at least 3 feet (914 mm) but no more than 6 feet (1218 mm) to the right of the left edge of the sidewalk shed parapet, or where the sidewalk shed parapet extends beyond the projection of the property line, in a location that is at least 3 feet (914 mm) but no more than 6 feet (1218 mm) to the right of the projection of the property line through the left side of the sidewalk shed; or
3. Where a project information panel in accordance with Section 3301.9.1 is posted on the fence, the horizontal center of the sidewalk shed parapet information panel shall be in line with a vertical plane drawn through the horizontal center of the project information panel on the fence in accordance with Figure 3301.9.2.2.
Figure 3301.9.2.2
Panel Posting Elevation Diagram
3301.9.2.3 Sidewalk shed parapet information panel material.
Sidewalk shed parapet information panels shall be constructed out of a durable and weatherproof material such as vinyl, plastic, or aluminum, and such material shall be flame retardant in accordance with NFPA 701 or listed under UL 214.
3301.9.2.4 Sidewalk shed parapet information panel specifications.
Sidewalk shed parapet information panels shall be 3 feet (914 mm) high and 6 feet (1829 mm) wide, with the content required by Section 3301.9.2.1 arranged in accordance with Figure 3301.9.2.1. The sign shall have a white background. The content required by Section 3301.9.2.1 must be written in Calibri font or similar sans serif font style, and such letters shall be blue, with such blue color a shade matching Pantone 296, or RGB 15, 43, 84, or CMYK 100, 88, 38, 35.
3301.9.2.5 Updating content.
When content required by Section 3301.9.2.1 changes, the sidewalk shed parapet information panel shall be updated.
3301.9.2.6 Maintenance of sidewalk shed parapet information panels.
Sidewalk shed parapet information panels shall be maintained so that the panel remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards. Content required by Section 3301.9.2.1 shall not be obscured by sign attachments, including but not limited to grommets or grommet holes.
3301.9.3 Reserved.
3301.9.4 Reserved.
3301.9.5 Other temporary signs required by law.
Other temporary signs required by law to be displayed at a construction or demolition site shall be posted within the site, readily visible to workers, and shall not be posted in any location readily visible to the public unless otherwise required by law.
3301.9.6 Obscured lawful signs.
When a protective structure constructed in accordance with Section 3307 obscures from view a lawful and existing sign, a temporary sign may be posted on such protective structure. The temporary sign shall comply with the following requirements:
1. The temporary sign shall be securely fastened to the protective structure at a location directly in front of such business storefront;
2. The temporary sign shall be limited to a maximum height of 4 feet (1219 mm) and shall not exceed the square footage of the obscured lawful sign;
3. The temporary sign shall not project from the side or face of the protective structure;
4. When affixed to a sidewalk shed, the temporary sign shall not extend above or below the sidewalk shed parapet;
5. The temporary sign shall not be hung under the deck of a sidewalk shed or protective structure; and
6. Except where the sidewalk shed obscures a lawful projecting sign, the temporary sign shall not be placed on the end of a sidewalk shed that is perpendicular to the building.
3301.9.7 Other signs prohibited.
Except as specified by Sections 3301.9.1 through 3301.9.6 or as otherwise authorized by law, no sign, information, pictorial representation, or any business or advertising message shall be posted on any construction or demolition equipment or temporary construction installation, including but not limited to, protective structures.
3301.9.8 Illuminated signs prohibited.
No illuminated business or advertising sign shall be permitted on any construction or demolition equipment or temporary construction installation, including but not limited to, protective structures.
3301.10 Reserved.
3301.11 Site safety orientation and refresher.
Each permit holder at a site that requires a site safety manager, site safety coordinator, or construction superintendent shall ensure tat each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder receives a site safety orientation and refresher in accordance with the requirements of Sections 3301.11.1 through 3301.11.5.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.1 Site safety orientation.
Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety orientation before such worker commences any construction or demolition work at such site.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.2 Site safety refresher.
Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety refresher if such worker (i) has performed construction or demolition work at such site for one year or more and (ii) one year or more has elapsed since such worker received a site safety orientation or refresher with respect to such site.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.3 Site safety orientation and refresher to be conducted by qualified person.
Site safety orientations and refreshers required by this section shall be conducted by a qualified person designated by the permit holder. Such qualified person shall have the ability to communicate with each worker who takes part in such orientation or refresher.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.4 Site safety orientation and refresher content.
Site safety orientations and refreshers required by this section shall include a review of safety procedures at such site and any hazardous activities to be performed at such site. In addition, information pertaining to the site safety training required by Section 3321 shall be made available to each worker in the designated citywide languages, as such term is defined in Section 23-1101 of the Administrative Code, and any other language as may be required by rule of the department, in a form and manner established by the department.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018; Am. L.L. 2020/010, 12/27/2019, eff. 1/26/2020)
3301.11.5 Records.
A record of all orientations conducted for the site shall be maintained by the permit holder and kept at the site. Such record shall include for each such orientation or refresher:
1. The date and time of such orientation or refresher;
2. The name, title and company affiliations of each worker who participated; and
3. The name, title and company affiliation of the qualified person who conducted such orientation or refresher, along with such person's signature.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.12 Pre-shift safety meetings.
Each permit holder at a site that requires a site safety manager, site safety coordinator, or construction superintendent shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder takes part in a safety meeting at the beginning of such worker's shift, but before such worker commences any construction or demolition work in such shift, in accordance with the requirements of Sections 3301.12.1 through 3301.12.3.
Exception: Where other sections of this code or rules promulgated thereunder specify pre-task or pre-shift meetings for specific types of work, those requirements shall instead apply.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.12.1 Pre-shift safety meeting to be conducted by a competent person.
Pre-shift safety meetings shall be conducted at the beginning of each worker's shift, but before such worker commences any construction or demolition work in such shift, by a competent person designated by the permit holder, or where so authorized by the permit holder, by a competent person designated by the subcontractor. Such competent person shall have the ability to communicate with each worker who takes part in such meeting.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.12.2 Pre-shift safety meeting content.
The pre-shift safety meeting shall include a review of activities and tasks to be performed during the shift, including specific safety concerns or risks associated with fulfilling such work.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.12.3 Records.
The permit holder shall maintain, for each worker, a record of one pre-shift safety meeting per week. Such record shall include for each such meeting:
1. The date and time of each such meeting;
2. The name, title and company affiliation of each worker who participated; and
3. The name, title and company affiliation of the competent person who conducted such meeting, along with such person's signature.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.13 Scope.
This section sets forth requirements for construction superintendents at certain construction or demolition sites.
3301.13.1 Site safety plan.
For jobs that require the designation of a primary construction superintendent pursuant to Section 3301.13.3, a site safety plan that meets the applicable requirements of Article 110 of Chapter 1 of Title 28 of the Administrative Code shall be kept on site and made available to the department upon request. Prior to the commencement of work, the permit holder must submit a statement to the department attesting that the site safety plan meets the requirements of Article 110 of Chapter 1 of Title 28 of the Administrative Code and coordinates with the scope of work intended.
Exception: For a major building subject to the provisions of Section 3310, the site safety plan requirements of Section 3310.3 shall apply.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.2 Definitions.
For the purposes of this section, the following terms shall have the following meanings:
Approved documents. For the purpose of this section, approved documents include construction documents as defined by this code, and any and all documents that set forth the location and entire nature and extent of the work proposed with sufficient clarity and detail to show that the proposed work conforms to the provisions of this code and other applicable laws and rules. In addition to construction documents, such documents include, but are not limited to, site safety plans, tenant or occupant protection plans, shop drawings, specifications, manufacturer's instructions and standards that have been accepted by the design professional of record or such other design professional retained by the owner for this purpose.
Job. A design and construction/demolition undertaking consisting of work at one building or structure, as well as related site improvements and work on accessory structures. A job may consist of one or more plan/work applications, and may result in the issuance of one or more permits.
Permit holder. The individual who receives the primary department-issued permit for the job.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.3 Designation of primary construction superintendent.
The permit holder shall designate a primary construction superintendent, who shall carry out all duties and responsibilities assigned to the construction superintendent by this chapter and rules promulgated by the commissioner, and notify the department of such designation prior to the commencement of work, for the following types of jobs:
1. The construction of a new building;
2. The full demolition of an existing building;
3. An alteration to an existing building that involves one or more of the following:
3.1 A vertical enlargement;
3.2 A horizontal enlargement;
3.3 The alteration or demolition of more than 50 percent of the gross floor area of the building during the course of work over any 12-month period;
3.4 The removal of one or more floors during the course of work over any 12-month period;
3.5 Work that requires a special inspection for underpinning; or
3.6 Work that requires a special inspection for the protection of sides of excavations; or
4. Other jobs that pose an enhanced risk to the public and property, as determined by the commissioner.
Exception: A construction superintendent is not required for work that solely involves a 1-, 2-, or 3-family building, or an accessory use to such building, provided the permit holder for such work is registered as a general contractor in accordance with Article 418 of Chapter 4 of Title 28 of the Administrative Code.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.4 Change of designation.
The permit holder must immediately notify the department of any permanent change to the primary construction superintendent.
3301.13.5 Alternate construction superintendent.
In the event the primary construction superintendent is temporarily unable to perform their duties, an alternate construction superintendent, designated by the permit holder, must act in place of the primary construction superintendent and carry out all duties and responsibilities assigned to the construction superintendent by this chapter and rules promulgated by the commissioner. In the event that an alternate construction superintendent will be acting in place of the primary construction superintendent for a period longer than two consecutive weeks, the permit holder must notify the department of such circumstance.
3301.13.6 Limitations on the designation of primary or alternate construction superintendents.
An individual may only be designated as a primary or alternate construction superintendent for that number of jobs for which he or she can adequately perform all required duties. No individual may be designated as the primary construction superintendent on more than ten jobs.
Exceptions:
1. If one of the jobs for which the construction superintendent is designated as a primary construction superintendent is on a building that meets the definition of a major building, the individual may only be designated as the primary construction superintendent for that job and may not serve as the primary construction superintendent for any other job.
2. Notwithstanding Exception 1, beginning on June 1, 2022, no individual may be designated as the primary construction superintendent for more than five jobs.
3. Notwithstanding Exception 1, beginning on January 1, 2024 or a later date established by the department, provided that such date is not later than January 1, 2025, no individual may be designated as the primary construction superintendent for more than three jobs.
4. Notwithstanding Exception 1, beginning on January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, no individual may be designated as the primary construction superintendent for more than one job.
5. A construction superintendent designated as the primary construction superintendent at a job site may serve as a non-primary construction superintendent at another job site, provided there is no work requiring the presence of such individual occurring at the job site for which the individual has been designated as the primary construction superintendent.
6. Subject to the approval of the commissioner, a construction superintendent may serve as the primary construction superintendent for multiple non-major building jobs located on the same lot or on contiguous lots.
(Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077
3301.13.7 Duties of construction superintendents.
The duties of a construction superintendent shall include:
1. Acting in a reasonable and responsible manner to maintain a safe job site and ensure compliance with this chapter and any rules promulgated thereunder at each job site for which the construction superintendent is responsible;
2. To the extent that a registered design professional or special inspection agency is not responsible, the construction superintendent must ensure compliance with the approved documents at each job site for which the construction superintendent is responsible;
3. Fulfilling the duties of a superintendent of construction assigned by Chapter 1 of Title 28 of the Administrative Code at each job site for which the construction superintendent is responsible; and
4. Visiting each job site for which the construction superintendent is responsible each day when active work is occurring; or, beginning January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, where Section 3301.13.6 requires the construction superintendent to be dedicated to one job, being present at the job site for which the construction superintendent is responsible during all times when active work is occurring.
Exception: The construction superintendent is not required to be present at the site during the following activities, provided no other work is in progress:
1. Surveying that does not involve the disturbance of material, structure, or earth;
2. Use of a hoist exterior to the building to transport personnel only;
3. Use of a hoist that is fully enclosed within the perimeter of the building to transport personnel or material;
4. Work limited to finish troweling of concrete floors;
5. Work limited to providing the site with temporary heat, light, or water;
6. Truck deliveries to the site, provided the delivery occurs within the site while the gate is closed and flagpersons are provided to direct traffic while the truck is entering and exiting the site;
7. Painting; or
8. Landscaping that does not involve the disturbance of material, structure, or earth.
(Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077
3301.13.8 Inspection by the construction superintendent.
Each time the construction superintendent visits a job site for which he or she is responsible, the construction superintendent must inspect all areas and floors where construction or demolition work, and ancillary activity, is occurring, and:
1. Verify work is being conducted in accordance with sound construction/demolition practices;
2. Verify compliance with the approved documents; and
3. Verify compliance with this chapter and any rules promulgated thereunder.
Exception: Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the construction superintendent does not need to perform the inspections required by this section. Site safety inspections shall be performed by the site safety manager or coordinator in accordance with Section 3310.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.9 Correcting unsafe conditions.
In the event the construction superintendent discovers work or conditions at a job site for which he or she is responsible that are not being conducted in accordance with sound construction/demolition practices, not in compliance with approved documents, or not in compliance with this chapter and any rules promulgated thereunder, the construction superintendent must take all appropriate action to correct the unsafe work or condition, including but not limited to immediately notifying the person or persons responsible for creating the unsafe work or condition, and ordering the person or persons to correct the unsafe work or condition, to cease operations, or to leave the job site. Where unsafe work or an unsafe condition relates to an item which a registered design professional or special inspection agency is responsible for implementing or verifying, the construction superintendent must also notify the responsible registered design professional or special inspection agency of the unsafe work or condition. All such unsafe conditions, work, notices, orders, and corrective action must be recorded in the log required by Section 3301.13.13.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.10 Notification of conditions to the department.
The construction superintendent must immediately notify the department, when he or she discovers, at any job site for which the construction superintendent is responsible, any of the conditions listed in Section 3310.8.2.1. Notification to the department does not relieve the construction superintendent of their obligations under Section 3301.13.9.
Exception: Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the construction superintendent does not need to provide the notification required by this section. Notifications shall be made by the site safety manager or coordinator in accordance with Section 3310.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.11 Reporting of incidents and damage to adjoining property.
The construction superintendent must immediately notify the department of any incident at any job site for which the construction superintendent is responsible, or any damage to adjoining property caused by construction or demolition activity at the job site.
Exception: Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the construction superintendent does not need to provide the notification required by this section. Notifications shall be made by the site safety manager or coordinator in accordance with Section 3310.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.12 Competent person.
The construction superintendent must designate a competent person for each job site for which the construction superintendent is responsible and ensure such competent person is present at the designated job site at all times active work occurs when the construction superintendent is not at the site. The designation of a competent person does not alter or diminish any obligation imposed upon the construction superintendent. The competent person must carry out orders issued by the construction superintendent; be able to identify unsanitary, hazardous or dangerous conditions; take prompt corrective measures to eliminate such conditions; immediately report to the construction superintendent incidents at the job site or any damage to adjoining property caused by construction or demolition activity at the job site; and be able to effectively communicate workplace instructions and safety directions to all workers at the site.
Exception: Beginning January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, where Section 3301.13.6 requires the construction superintendent to be dedicated to one job, the designation of a competent person is not authorized. In the event the primary construction superintendent cannot be present at the job site while active work is occurring, an alternate construction superintendent shall act on behalf of the primary construction superintendent in accordance with Section 3301.13.5.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.13 Log.
The construction superintendent must maintain a log at each job site for which the construction superintendent is responsible. Such log must be made available to the commissioner upon request. The construction superintendent must complete such log prior to departing the job site, or, where the job occurs on a building that meets the definition of a major building, by the end of the day. Each day's log entry must be signed and dated by the construction superintendent. Such log must contain, at a minimum, the following information:
1. The presence of the construction superintendent at the job site as evidenced by their printed name and signature and a notation indicating the times of arrival at, and departure from the site, which must be recorded immediately after arriving at the site and immediately prior to leaving the site, respectively;
2. The general progress of work at the job site, including a summary of that day's work activity;
3. The construction superintendent's activities at the job site, including areas and floors inspected;
4. Any unsafe condition(s) observed pursuant to Section 3301.13.9, and the time and location of such unsafe condition(s);
5. Orders and notice given by the construction superintendent pursuant to Section 3301.13.9, including the names of individuals issued orders or notices, any refusals to comply with orders or respond to notices given, follow up action taken by the construction superintendent, and where the condition giving rise to the order or notice is corrected, the nature of the correction;
6. Any violations, stop work orders, or summonses issued by the department, including date issued and date listed or dismissed;
7. Any incidents or damage to adjoining property caused by construction or demolition activity at the site;
8. The name of the competent person designated in accordance with Section 3301.13.12, along with an accompanying signature of the competent person. If the construction superintendent assigns a new competent person, the date and time of this change, along with the name of the new competent person, must be recorded, accompanied by the signature of the new competent person. If the construction superintendent is not at the job site when this occurs, the new competent person must instead make the log entry, which the construction superintendent must sign and date upon his or her next visit to the job site;
9. All construction superintendent personnel changes, accompanied by the signature of the new construction superintendent. Construction superintendent personnel changes include, but are not limited to: a change to the primary construction superintendent; an alternate construction superintendent acting in the place of the primary construction superintendent; or a new alternate construction superintendent taking over for the previous alternate construction superintendent; and
10. A record of the weekly safety meeting required by Section 3301.13.19, including date and time of meeting, summary of issues discussed, and the names and affiliation of those who attended.
(Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077
3301.13.14 Reserved.
3301.13.15 Reserved.
3301.13.16 Obligation of others.
Nothing in this section is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the owner, permit holder, construction manager, general contractor, contractor, materialman, architect, engineer, land surveyor, site safety manager, site safety coordinator, concrete safety manager, or other party involved in a construction project to engage in sound engineering, design, and construction practices, and to act in a reasonable and responsible manner to maintain a safe job site.
3301.13.17 Licensing of construction superintendents.
No person shall perform the duties and responsibilities of a construction superintendent, including but not limited to serving as a primary construction superintendent or as an alternate construction superintendent, unless such person is licensed as a construction superintendent in accordance with Article 428 of Title 28 of the Administrative Code.*
* Editor's note: Correct reference should be Article 428 of Chapter 4 of Title 28 of the Administrative Code.
3301.13.18 Release of the construction superintendent.
The department may release the construction superintendent from the job when the construction superintendent demonstrates, to the satisfaction of the commissioner, that the job is substantially complete.
3301.13.19 Weekly safety meeting.
The construction superintendent shall, for each job site for which the construction superintendent is responsible, lead a safety meeting with the designated representative of the general contractor, construction manager, and each subcontractor to ascertain that all contractors and subcontractors are complying with the applicable provisions of this chapter, the site safety plan, and the tenant or occupant protection plan. Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the site safety manager or coordinator shall also attend the meeting. Such meeting shall occur at least once a week while active work is occurring.
(L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.14 Contractor shall inform personnel.
General contractors and subcontractors shall state to their directly employed personnel at the construction or demolition site, prior to such directly employed person commencing work at the site, that they are to follow all safety regulations at all times and that they are required to obey and implement all orders and directives issued by the general contractor/subcontractor, the general contractor's/subcontractor's designee, the construction superintendent, and the worker's direct supervisor relating to safety requirements. Where a site safety manager or coordinator is required, the general contractor or subcontractor shall also state to their directly employed personnel at the site, prior to such directly employed person commencing work at the site, that the site safety manager or coordinator is responsible for monitoring compliance with laws and rules governing site safety; and shall inform their supervisory personnel at the site, prior to such supervisor commencing work at the site, of the name and responsibilities of the site safety manager or coordinator.
(Am. L.L. 2017/081, 5/10/2017, eff. 11/6/2017; Am. L.L. 2017/204, 11/17/2017, eff. 5/16/2018; Am. L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
Figure 3301.9.1.4(1)
Fence Project Information Panel Text Detail
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
Figure 3301.9.1.4(2)
Fence Project Information Panel Layout
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
Figure 3301.9.1.4(3)
Fence Project Information Panel Layout for Small Lots
For SI: 1 inch = 25.4 mm, 1 foot = 304.8 mm.
(Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2023/077.
3301.9.1.5 Updating content.
When content required by Section 3301.9.1.1 changes, the project information panel shall be updated.
3301.9.1.6 Maintenance of project information panels.
Project information panels shall be maintained so that the panel remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards. Content required by Section 3301.9.1.1 shall not be obscured by panel attachments, including but not limited to grommets or grommet holes.
3301.9.2 Sidewalk shed parapet information panel.
Where a sidewalk shed is installed, a sidewalk shed parapet information panel meeting the requirements of Sections 3301.9.2.1 through 3301.9.2.6 shall be posted. Required sidewalk shed parapet information panels shall be in place throughout the duration that the sidewalk shed remains at the site.
3301.9.2.1 Sidewalk shed parapet information panel content.
Sidewalk shed parapet information panels shall contain the following information and be arranged in accordance with Figure 3301.9.2.1:
1. The street, address of the site;
2. Name (which may incorporate a logo) of the contractor responsible for the site or where there is no contractor, the name (which may incorporate a logo) of the owner of the site; and
3. The statement "For more information, visit www.nyc.gov/buildings."
Figure 3301.9.2.1
Sidewalk Shed Parapet Information Panel Layout
3301.9.2.2 Posting of sidewalk shed parapet information panels.
Sidewalk shed parapet information panels shall be posted on the parapet that runs along the long axis of the sidewalk shed. Where a sidewalk shed extends along multiple street frontages, not including incidental extensions at a street corner, a parapet information panel shall be posted along each long axis. Such sidewalk shed parapet information panel:
1. Shall not be posted above or below the level of the parapet; and
2. Shall be posted, as viewed from the perspective of an individual on the sidewalk opposite the long axis of the sidewalk shed and facing the sidewalk shed, in a location that is at least 3 feet (914 mm) but no more than 6 feet (1218 mm) to the right of the left edge of the sidewalk shed parapet, or where the sidewalk shed parapet extends beyond the projection of the property line, in a location that is at least 3 feet (914 mm) but no more than 6 feet (1218 mm) to the right of the projection of the property line through the left side of the sidewalk shed; or
3. Where a project information panel in accordance with Section 3301.9.1 is posted on the fence, the horizontal center of the sidewalk shed parapet information panel shall be in line with a vertical plane drawn through the horizontal center of the project information panel on the fence in accordance with Figure 3301.9.2.2.
Figure 3301.9.2.2
Panel Posting Elevation Diagram
3301.9.2.3 Sidewalk shed parapet information panel material.
Sidewalk shed parapet information panels shall be constructed out of a durable and weatherproof material such as vinyl, plastic, or aluminum, and such material shall be flame retardant in accordance with NFPA 701 or listed under UL 214.
3301.9.2.4 Sidewalk shed parapet information panel specifications.
Sidewalk shed parapet information panels shall be 3 feet (914 mm) high and 6 feet (1829 mm) wide, with the content required by Section 3301.9.2.1 arranged in accordance with Figure 3301.9.2.1. The sign shall have a white background. The content required by Section 3301.9.2.1 must be written in Calibri font or similar sans serif font style, and such letters shall be blue, with such blue color a shade matching Pantone 296, or RGB 15, 43, 84, or CMYK 100, 88, 38, 35.
3301.9.2.5 Updating content.
When content required by Section 3301.9.2.1 changes, the sidewalk shed parapet information panel shall be updated.
3301.9.2.6 Maintenance of sidewalk shed parapet information panels.
Sidewalk shed parapet information panels shall be maintained so that the panel remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards. Content required by Section 3301.9.2.1 shall not be obscured by sign attachments, including but not limited to grommets or grommet holes.
3301.9.3 Reserved.
3301.9.4 Reserved.
3301.9.5 Other temporary signs required by law.
Other temporary signs required by law to be displayed at a construction or demolition site shall be posted within the site, readily visible to workers, and shall not be posted in any location readily visible to the public unless otherwise required by law.
3301.9.6 Obscured lawful signs.
When a protective structure constructed in accordance with Section 3307 obscures from view a lawful and existing sign, a temporary sign may be posted on such protective structure. The temporary sign shall comply with the following requirements:
1. The temporary sign shall be securely fastened to the protective structure at a location directly in front of such business storefront;
2. The temporary sign shall be limited to a maximum height of 4 feet (1219 mm) and shall not exceed the square footage of the obscured lawful sign;
3. The temporary sign shall not project from the side or face of the protective structure;
4. When affixed to a sidewalk shed, the temporary sign shall not extend above or below the sidewalk shed parapet;
5. The temporary sign shall not be hung under the deck of a sidewalk shed or protective structure; and
6. Except where the sidewalk shed obscures a lawful projecting sign, the temporary sign shall not be placed on the end of a sidewalk shed that is perpendicular to the building.
3301.9.7 Other signs prohibited.
Except as specified by Sections 3301.9.1 through 3301.9.6 or as otherwise authorized by law, no sign, information, pictorial representation, or any business or advertising message shall be posted on any construction or demolition equipment or temporary construction installation, including but not limited to, protective structures.
3301.9.8 Illuminated signs prohibited.
No illuminated business or advertising sign shall be permitted on any construction or demolition equipment or temporary construction installation, including but not limited to, protective structures.
3301.10 Reserved.
3301.11 Site safety orientation and refresher.
Each permit holder at a site that requires a site safety manager, site safety coordinator, or construction superintendent shall ensure tat each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder receives a site safety orientation and refresher in accordance with the requirements of Sections 3301.11.1 through 3301.11.5.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.1 Site safety orientation.
Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety orientation before such worker commences any construction or demolition work at such site.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.2 Site safety refresher.
Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety refresher if such worker (i) has performed construction or demolition work at such site for one year or more and (ii) one year or more has elapsed since such worker received a site safety orientation or refresher with respect to such site.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.3 Site safety orientation and refresher to be conducted by qualified person.
Site safety orientations and refreshers required by this section shall be conducted by a qualified person designated by the permit holder. Such qualified person shall have the ability to communicate with each worker who takes part in such orientation or refresher.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.11.4 Site safety orientation and refresher content.
Site safety orientations and refreshers required by this section shall include a review of safety procedures at such site and any hazardous activities to be performed at such site. In addition, information pertaining to the site safety training required by Section 3321 shall be made available to each worker in the designated citywide languages, as such term is defined in Section 23-1101 of the Administrative Code, and any other language as may be required by rule of the department, in a form and manner established by the department.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018; Am. L.L. 2020/010, 12/27/2019, eff. 1/26/2020)
3301.11.5 Records.
A record of all orientations conducted for the site shall be maintained by the permit holder and kept at the site. Such record shall include for each such orientation or refresher:
1. The date and time of such orientation or refresher;
2. The name, title and company affiliations of each worker who participated; and
3. The name, title and company affiliation of the qualified person who conducted such orientation or refresher, along with such person's signature.
(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)
3301.12 Pre-shift safety meetings.
Each permit holder at a site that requires a site safety manager, site safety coordinator, or construction superintendent shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder takes part in a safety meeting at the beginning of such worker's shift, but before such worker commences any construction or demolition work in such shift, in accordance with the requirements of Sections 3301.12.1 through 3301.12.3.
Exception: Where other sections of this code or rules promulgated thereunder specify pre-task or pre-shift meetings for specific types of work, those requirements shall instead apply.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.12.1 Pre-shift safety meeting to be conducted by a competent person.
Pre-shift safety meetings shall be conducted at the beginning of each worker's shift, but before such worker commences any construction or demolition work in such shift, by a competent person designated by the permit holder, or where so authorized by the permit holder, by a competent person designated by the subcontractor. Such competent person shall have the ability to communicate with each worker who takes part in such meeting.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.12.2 Pre-shift safety meeting content.
The pre-shift safety meeting shall include a review of activities and tasks to be performed during the shift, including specific safety concerns or risks associated with fulfilling such work.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.12.3 Records.
The permit holder shall maintain, for each worker, a record of one pre-shift safety meeting per week. Such record shall include for each such meeting:
1. The date and time of each such meeting;
2. The name, title and company affiliation of each worker who participated; and
3. The name, title and company affiliation of the competent person who conducted such meeting, along with such person's signature.
(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)
3301.13 Scope.
This section sets forth requirements for construction superintendents at certain construction or demolition sites.
3301.13.1 Site safety plan.
For jobs that require the designation of a primary construction superintendent pursuant to Section 3301.13.3, a site safety plan that meets the applicable requirements of Article 110 of Chapter 1 of Title 28 of the Administrative Code shall be kept on site and made available to the department upon request. Prior to the commencement of work, the permit holder must submit a statement to the department attesting that the site safety plan meets the requirements of Article 110 of Chapter 1 of Title 28 of the Administrative Code and coordinates with the scope of work intended.
Exception: For a major building subject to the provisions of Section 3310, the site safety plan requirements of Section 3310.3 shall apply.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.2 Definitions.
For the purposes of this section, the following terms shall have the following meanings:
Approved documents. For the purpose of this section, approved documents include construction documents as defined by this code, and any and all documents that set forth the location and entire nature and extent of the work proposed with sufficient clarity and detail to show that the proposed work conforms to the provisions of this code and other applicable laws and rules. In addition to construction documents, such documents include, but are not limited to, site safety plans, tenant or occupant protection plans, shop drawings, specifications, manufacturer's instructions and standards that have been accepted by the design professional of record or such other design professional retained by the owner for this purpose.
Job. A design and construction/demolition undertaking consisting of work at one building or structure, as well as related site improvements and work on accessory structures. A job may consist of one or more plan/work applications, and may result in the issuance of one or more permits.
Permit holder. The individual who receives the primary department-issued permit for the job.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.3 Designation of primary construction superintendent.
The permit holder shall designate a primary construction superintendent, who shall carry out all duties and responsibilities assigned to the construction superintendent by this chapter and rules promulgated by the commissioner, and notify the department of such designation prior to the commencement of work, for the following types of jobs:
1. The construction of a new building;
2. The full demolition of an existing building;
3. An alteration to an existing building that involves one or more of the following:
3.1 A vertical enlargement;
3.2 A horizontal enlargement;
3.3 The alteration or demolition of more than 50 percent of the gross floor area of the building during the course of work over any 12-month period;
3.4 The removal of one or more floors during the course of work over any 12-month period;
3.5 Work that requires a special inspection for underpinning; or
3.6 Work that requires a special inspection for the protection of sides of excavations; or
4. Other jobs that pose an enhanced risk to the public and property, as determined by the commissioner.
Exception: A construction superintendent is not required for work that solely involves a 1-, 2-, or 3-family building, or an accessory use to such building, provided the permit holder for such work is registered as a general contractor in accordance with Article 418 of Chapter 4 of Title 28 of the Administrative Code.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.4 Change of designation.
The permit holder must immediately notify the department of any permanent change to the primary construction superintendent.
3301.13.5 Alternate construction superintendent.
In the event the primary construction superintendent is temporarily unable to perform their duties, an alternate construction superintendent, designated by the permit holder, must act in place of the primary construction superintendent and carry out all duties and responsibilities assigned to the construction superintendent by this chapter and rules promulgated by the commissioner. In the event that an alternate construction superintendent will be acting in place of the primary construction superintendent for a period longer than two consecutive weeks, the permit holder must notify the department of such circumstance.
3301.13.6 Limitations on the designation of primary or alternate construction superintendents.
An individual may only be designated as a primary or alternate construction superintendent for that number of jobs for which he or she can adequately perform all required duties. No individual may be designated as the primary construction superintendent on more than ten jobs.
Exceptions:
1. If one of the jobs for which the construction superintendent is designated as a primary construction superintendent is on a building that meets the definition of a major building, the individual may only be designated as the primary construction superintendent for that job and may not serve as the primary construction superintendent for any other job.
2. Notwithstanding Exception 1, beginning on June 1, 2022, no individual may be designated as the primary construction superintendent for more than five jobs.
3. Notwithstanding Exception 1, beginning on January 1, 2024 or a later date established by the department, provided that such date is not later than January 1, 2025, no individual may be designated as the primary construction superintendent for more than three jobs.
4. Notwithstanding Exception 1, beginning on January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, no individual may be designated as the primary construction superintendent for more than one job.
5. A construction superintendent designated as the primary construction superintendent at a job site may serve as a non-primary construction superintendent at another job site, provided there is no work requiring the presence of such individual occurring at the job site for which the individual has been designated as the primary construction superintendent.
6. Subject to the approval of the commissioner, a construction superintendent may serve as the primary construction superintendent for multiple non-major building jobs located on the same lot or on contiguous lots.
(Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077
3301.13.7 Duties of construction superintendents.
The duties of a construction superintendent shall include:
1. Acting in a reasonable and responsible manner to maintain a safe job site and ensure compliance with this chapter and any rules promulgated thereunder at each job site for which the construction superintendent is responsible;
2. To the extent that a registered design professional or special inspection agency is not responsible, the construction superintendent must ensure compliance with the approved documents at each job site for which the construction superintendent is responsible;
3. Fulfilling the duties of a superintendent of construction assigned by Chapter 1 of Title 28 of the Administrative Code at each job site for which the construction superintendent is responsible; and
4. Visiting each job site for which the construction superintendent is responsible each day when active work is occurring; or, beginning January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, where Section 3301.13.6 requires the construction superintendent to be dedicated to one job, being present at the job site for which the construction superintendent is responsible during all times when active work is occurring.
Exception: The construction superintendent is not required to be present at the site during the following activities, provided no other work is in progress:
1. Surveying that does not involve the disturbance of material, structure, or earth;
2. Use of a hoist exterior to the building to transport personnel only;
3. Use of a hoist that is fully enclosed within the perimeter of the building to transport personnel or material;
4. Work limited to finish troweling of concrete floors;
5. Work limited to providing the site with temporary heat, light, or water;
6. Truck deliveries to the site, provided the delivery occurs within the site while the gate is closed and flagpersons are provided to direct traffic while the truck is entering and exiting the site;
7. Painting; or
8. Landscaping that does not involve the disturbance of material, structure, or earth.
(Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077
3301.13.8 Inspection by the construction superintendent.
Each time the construction superintendent visits a job site for which he or she is responsible, the construction superintendent must inspect all areas and floors where construction or demolition work, and ancillary activity, is occurring, and:
1. Verify work is being conducted in accordance with sound construction/demolition practices;
2. Verify compliance with the approved documents; and
3. Verify compliance with this chapter and any rules promulgated thereunder.
Exception: Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the construction superintendent does not need to perform the inspections required by this section. Site safety inspections shall be performed by the site safety manager or coordinator in accordance with Section 3310.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.9 Correcting unsafe conditions.
In the event the construction superintendent discovers work or conditions at a job site for which he or she is responsible that are not being conducted in accordance with sound construction/demolition practices, not in compliance with approved documents, or not in compliance with this chapter and any rules promulgated thereunder, the construction superintendent must take all appropriate action to correct the unsafe work or condition, including but not limited to immediately notifying the person or persons responsible for creating the unsafe work or condition, and ordering the person or persons to correct the unsafe work or condition, to cease operations, or to leave the job site. Where unsafe work or an unsafe condition relates to an item which a registered design professional or special inspection agency is responsible for implementing or verifying, the construction superintendent must also notify the responsible registered design professional or special inspection agency of the unsafe work or condition. All such unsafe conditions, work, notices, orders, and corrective action must be recorded in the log required by Section 3301.13.13.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.10 Notification of conditions to the department.
The construction superintendent must immediately notify the department, when he or she discovers, at any job site for which the construction superintendent is responsible, any of the conditions listed in Section 3310.8.2.1. Notification to the department does not relieve the construction superintendent of their obligations under Section 3301.13.9.
Exception: Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the construction superintendent does not need to provide the notification required by this section. Notifications shall be made by the site safety manager or coordinator in accordance with Section 3310.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.11 Reporting of incidents and damage to adjoining property.
The construction superintendent must immediately notify the department of any incident at any job site for which the construction superintendent is responsible, or any damage to adjoining property caused by construction or demolition activity at the job site.
Exception: Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the construction superintendent does not need to provide the notification required by this section. Notifications shall be made by the site safety manager or coordinator in accordance with Section 3310.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.12 Competent person.
The construction superintendent must designate a competent person for each job site for which the construction superintendent is responsible and ensure such competent person is present at the designated job site at all times active work occurs when the construction superintendent is not at the site. The designation of a competent person does not alter or diminish any obligation imposed upon the construction superintendent. The competent person must carry out orders issued by the construction superintendent; be able to identify unsanitary, hazardous or dangerous conditions; take prompt corrective measures to eliminate such conditions; immediately report to the construction superintendent incidents at the job site or any damage to adjoining property caused by construction or demolition activity at the job site; and be able to effectively communicate workplace instructions and safety directions to all workers at the site.
Exception: Beginning January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, where Section 3301.13.6 requires the construction superintendent to be dedicated to one job, the designation of a competent person is not authorized. In the event the primary construction superintendent cannot be present at the job site while active work is occurring, an alternate construction superintendent shall act on behalf of the primary construction superintendent in accordance with Section 3301.13.5.
(Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.13.13 Log.
The construction superintendent must maintain a log at each job site for which the construction superintendent is responsible. Such log must be made available to the commissioner upon request. The construction superintendent must complete such log prior to departing the job site, or, where the job occurs on a building that meets the definition of a major building, by the end of the day. Each day's log entry must be signed and dated by the construction superintendent. Such log must contain, at a minimum, the following information:
1. The presence of the construction superintendent at the job site as evidenced by their printed name and signature and a notation indicating the times of arrival at, and departure from the site, which must be recorded immediately after arriving at the site and immediately prior to leaving the site, respectively;
2. The general progress of work at the job site, including a summary of that day's work activity;
3. The construction superintendent's activities at the job site, including areas and floors inspected;
4. Any unsafe condition(s) observed pursuant to Section 3301.13.9, and the time and location of such unsafe condition(s);
5. Orders and notice given by the construction superintendent pursuant to Section 3301.13.9, including the names of individuals issued orders or notices, any refusals to comply with orders or respond to notices given, follow up action taken by the construction superintendent, and where the condition giving rise to the order or notice is corrected, the nature of the correction;
6. Any violations, stop work orders, or summonses issued by the department, including date issued and date listed or dismissed;
7. Any incidents or damage to adjoining property caused by construction or demolition activity at the site;
8. The name of the competent person designated in accordance with Section 3301.13.12, along with an accompanying signature of the competent person. If the construction superintendent assigns a new competent person, the date and time of this change, along with the name of the new competent person, must be recorded, accompanied by the signature of the new competent person. If the construction superintendent is not at the job site when this occurs, the new competent person must instead make the log entry, which the construction superintendent must sign and date upon his or her next visit to the job site;
9. All construction superintendent personnel changes, accompanied by the signature of the new construction superintendent. Construction superintendent personnel changes include, but are not limited to: a change to the primary construction superintendent; an alternate construction superintendent acting in the place of the primary construction superintendent; or a new alternate construction superintendent taking over for the previous alternate construction superintendent; and
10. A record of the weekly safety meeting required by Section 3301.13.19, including date and time of meeting, summary of issues discussed, and the names and affiliation of those who attended.
(Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077
3301.13.14 Reserved.
3301.13.15 Reserved.
3301.13.16 Obligation of others.
Nothing in this section is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the owner, permit holder, construction manager, general contractor, contractor, materialman, architect, engineer, land surveyor, site safety manager, site safety coordinator, concrete safety manager, or other party involved in a construction project to engage in sound engineering, design, and construction practices, and to act in a reasonable and responsible manner to maintain a safe job site.
3301.13.17 Licensing of construction superintendents.
No person shall perform the duties and responsibilities of a construction superintendent, including but not limited to serving as a primary construction superintendent or as an alternate construction superintendent, unless such person is licensed as a construction superintendent in accordance with Article 428 of Title 28 of the Administrative Code.*
* Editor's note: Correct reference should be Article 428 of Chapter 4 of Title 28 of the Administrative Code.
3301.13.18 Release of the construction superintendent.
The department may release the construction superintendent from the job when the construction superintendent demonstrates, to the satisfaction of the commissioner, that the job is substantially complete.
3301.13.19 Weekly safety meeting.
The construction superintendent shall, for each job site for which the construction superintendent is responsible, lead a safety meeting with the designated representative of the general contractor, construction manager, and each subcontractor to ascertain that all contractors and subcontractors are complying with the applicable provisions of this chapter, the site safety plan, and the tenant or occupant protection plan. Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310, the site safety manager or coordinator shall also attend the meeting. Such meeting shall occur at least once a week while active work is occurring.
(L.L. 2021/149, 12/11/2021, eff. 11/7/2022)
Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.
3301.14 Contractor shall inform personnel.
General contractors and subcontractors shall state to their directly employed personnel at the construction or demolition site, prior to such directly employed person commencing work at the site, that they are to follow all safety regulations at all times and that they are required to obey and implement all orders and directives issued by the general contractor/subcontractor, the general contractor's/subcontractor's designee, the construction superintendent, and the worker's direct supervisor relating to safety requirements. Where a site safety manager or coordinator is required, the general contractor or subcontractor shall also state to their directly employed personnel at the site, prior to such directly employed person commencing work at the site, that the site safety manager or coordinator is responsible for monitoring compliance with laws and rules governing site safety; and shall inform their supervisory personnel at the site, prior to such supervisor commencing work at the site, of the name and responsibilities of the site safety manager or coordinator.
(Am. L.L. 2017/081, 5/10/2017, eff. 11/6/2017; Am. L.L. 2017/204, 11/17/2017, eff. 5/16/2018; Am. L.L. 2017/206, 11/17/2017, eff. 5/16/2018)