§ 28-103.26 Reporting to the federal occupational safety and health administration.

As soon as practicable after the issuance of an immediately hazardous or major violation of chapter 33 of the New York city building code, the commissioner shall report such violation to the federal occupational safety and health administration.

(L.L. 2017/068, 5/10/2017, eff. 9/7/2017; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

§ 28-103.27 Disclosure of building occupancy status for buildings subject to permit.

For each building for which a permit for work has been issued, the commissioner shall post on the department's website a statement of whether the construction documents relating to such permit indicate that one or more dwelling units within such building will be occupied during such work.

(L.L. 2017/158, 8/30/2017, eff. 8/30/2018)

§ 28-103.28 Site safety training (SST) task force.

The commissioner shall convene and provide staff for an SST task force in accordance with the following:

   1.   Such task force shall be composed as follows:

      1.1.   The commissioner, or the designee of such commissioner, shall serve as the chairperson of such task force.

      1.2.   The task force shall consist of 14 members, in addition to the chairperson. Seven of the additional members of such task force shall be appointed by the mayor or the mayor's designee, and seven of the additional members of such task force shall be appointed by the speaker of the council. Such task force shall include members who represent (i) parts of the construction industry that are represented by labor unions or labor organizations, (ii) parts of such industry that are not represented by such unions or organizations, (iii) minority-owned business enterprises or women-owned business enterprises that are certified in accordance with section 1304 of the New York city charter and primarily engaged in construction work and (iv) day laborers.

      1.3.   All members of the task force shall have significant experience (i) in a construction or demolition related field or (ii) developing or providing construction site safety training, except that one of the members appointed by the mayor pursuant to Item 1.2 may be a municipal officer with experience related to the program to be established pursuant to section 22-509 of the code.

   2.   Such task force shall meet at least quarterly each year for the first two years of its existence and at least annually for three years thereafter.

   3.   Such task force shall from time to time on its own initiative or upon request of the commissioner provide the commissioner with recommendations relating to training required by section 3321 of the New York city building code.

   4.   Such task force shall establish a mechanism for receiving and reviewing recommendations from the public relating to training required by such section.

   5.   By no later than March 1, 2018, such task force shall provide the commissioner with recommendations relating to the amount of additional SST credits required for satisfying item 1.1 of the definition of limited SST card and the topics that such additional SST credits must cover. Such task force shall consider, but need not include in its recommendations, the following topics insofar as such topics relate to safeguarding the public from potential dangers posed by building sites:

      5.1.   Fall protection.

      5.2.   Personal protection equipment.

      5.3.   Safely working with machines.

      5.4.   Working with hazardous chemicals or other materials.

      5.5.   OSHA and its role in construction industry safety and health.

      5.6.   Handling heavy materials and proper lifting techniques.

      5.7.   Exit routes, emergency action plans, fire prevention and fire protection.

      5.8.   Confined space awareness.

      5.9.   Walking and working surfaces.

      5.10.   Electrical safety.

      5.11.   Hazard communication.

      5.12.   Concrete operations.

      5.13.   Demolition work.

      5.14.   Excavation work.

      5.15.   Construction and demolition work at major building sites.

      5.16.   Material handling.

      5.17.   Material hoisting.

      5.18.   Site perimeter protection.

      5.19.   Sidewalk sheds and fences .

      5.20.   Steel erection.

      5.21.   Tenant and occupant protection.

      5.22.   Ladders and stairs.

      5.23.   Drug and alcohol awareness.

      5.24.   Asbestos awareness.

      5.25.   Lead awareness.

      5.26.   First aid, including cardiopulmonary resuscitation (CPR) and automated external defibrillator (AED) use.

(L.L. 2017/196, 10/16/2017, eff. 10/16/2017)

§ 28-103.29 Reporting regarding implementation of section 3321 of the New York city building code.

No later than three months after the end of each fiscal year, the commissioner shall report to the mayor and the speaker of the council, and make publicly available online, a report on implementation of section 3321 of the New York city building code. In addition to any information the commissioner deems relevant, such report shall include:

   1.   The number of SST providers in existence at the end of such fiscal year. Such number shall also be disaggregated by which condition of item 1 of the definition of "site safety training (SST) provider" set forth in Chapter 2 of the New York city building code is satisfied by each such provider.

   2.   The number of SST cards issued in such fiscal year.

   3.   The number of temporary SST cards issued in such fiscal year.

   4.   The number of violations of such section issued in such fiscal year, disaggregated by violation type.

   5.   A list of building sites where violations of such section were issued and, for each such site, the following information disaggregated by violation type:

      5.1.   The number of follow-up inspections conducted pursuant to section 28-204.1.1.

      5.2.   The average frequency of such follow-up inspections.

      5.3.   The number of violations of section 3321 of the New York city building code issued as a result of such inspections.

   6.   A description of the enforcement mechanisms used by the department to ensure the integrity of training provided by SST providers in connection with section 3321 of the New York city building code and that such training satisfies the requirements of such section and any rules or department requirements relating to such training.

(L.L. 2017/196, 10/16/2017, eff. 10/16/2017; Am. L.L. 2019/219, 12/15/2019, eff. 12/15/2019; Am. L.L. 2020/010, 12/27/2020, retro. eff. 12/15/2019; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

§ 28-103.29.1 Audits of training provided in connection with section 3321 of the New York city building code.

In addition to any other enforcement mechanisms, the department shall periodically audit SST providers and training provided in connection with section 3321 of the New York city building code by such providers in order to ensure the integrity of such training and compliance with such section and any rules or department requirements relating to such training.

(L.L. 2017/196, 10/16/2017, eff. 10/16/2017; Am. L.L. 2019/093, 5/19/2019, eff. 9/16/2019)

§ 28-103.30 Real time enforcement unit.

There is hereby established within the department a real time enforcement unit. Such unit and an agency that is delegated authority by the commissioner shall be responsible for enforcing the construction codes with respect to:

   1.   occupied multiple dwellings with complaints related to work without a permit; and

   2.   occupied multiple dwellings with valid permits for (i) the alteration of 10 percent or more of the existing floor surface area of the building or (ii) an addition to the building.

(L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018)

§ 28-103.30.1 Tracking complaints related to work without a permit.

The real time enforcement unit shall receive and track all complaints related to work without a permit in occupied multiple dwellings. The unit shall retain records of such complaints.

(L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018)

§ 28-103.30.2 Monitoring occupied multiple dwellings with permits for alteration or addition.

The real time enforcement unit shall monitor all occupied multiple dwellings with valid permits for (i) the alteration of 10 percent or more of the existing floor surface area of the building or (ii) an addition to the building. Owners of such buildings shall notify the department in writing at least 72 hours prior to the commencement of any work pursuant to such permits.

(L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018)

§ 28-103.30.3 Inspections.

For immediately hazardous complaints related to work without a permit in occupied multiple dwellings, the real time enforcement unit shall conduct inspections of such occupied multiple dwellings within 12 hours of the receipt of such complaints, except that complaints received after 8:00 p.m. shall be inspected by 10:00 a.m. on the following day. For all other complaints related to work without a permit in occupied multiple dwellings, such unit shall conduct inspections of such multiple dwelling within ten days of receipt of such complaints. The real time enforcement unit shall also conduct initial inspections of no fewer than five percent of occupied multiple dwellings with valid permits for alteration or addition as described in section 28-103.30.2, within 20 days of commencement of work for such alterations or additions and shall conduct periodic unannounced inspections thereafter until such work is complete. The unit shall be available to conduct inspections seven days a week, between the hours of 8:30 a.m. and 10:00 p.m.

(L.L. 2017/188, 10/16/2017, eff. 2/13/2018; Am. L.L. 2017/233, 12/1/2017, eff. 12/1/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022)

Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.