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Title 28: New York City Construction Codes
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§ 28-701.1 Update.
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Chapter 28: Mechanical Systems
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Chapter 30: Elevators and Conveying Systems
Chapter 31: Special Construction
Chapter 32: Encroachments Into the Public Right-of-Way
Chapter 33: Safeguards During Construction or Demolition
Section BC 3301: General
3301.1 Scope.
3301.1.1 Responsibility for safety.
3301.1.2 Fire code.
3301.1.3 Manufacturer specifications.
3301.1.4 Sizes.
3301.2 Safety measures and safeguards.
3301.3 Site safety managers, coordinators and construction superintendents.
3301.4 Inspection.
3301.4.1 Inspection of equipment where the code does not specifically require an inspection.
3301.5 Unsafe conditions.
3301.6 Manufacturer specifications, design, and capacity.
3301.6.1 Manufacturer specifications.
3301.6.2 Design requirements.
3301.6.3 Designer.
3301.6.4 Capacity.
3301.6.5 Design documents.
3301.7 Documents to be maintained on site.
3301.7.1 Other obligations.
3301.7.2 Manufacturer specifications.
3301.8 Incidents and damage to adjoining property.
3301.8.1 Additional notifications.
3301.8.2 Use and tampering prohibited.
3301.9 Signs at a construction or demolition site.
3301.9.1 Fence project information panel.
3301.9.1.1 Project information panel content.
3301.9.1.2 Posting of project information panels.
3301.9.1.3 Project information panel material.
3301.9.1.4 Project information panel specifications.
3301.9.1.5 Updating content.
3301.9.1.6 Maintenance of project information panels.
3301.9.2 Sidewalk shed parapet information panel.
3301.9.2.1 Sidewalk shed parapet information panel content.
3301.9.2.2 Posting of sidewalk shed parapet information panels.
3301.9.2.3 Sidewalk shed parapet information panel material.
3301.9.2.4 Sidewalk shed parapet information panel specifications.
3301.9.2.5 Updating content.
3301.9.2.6 Maintenance of sidewalk shed parapet information panels.
3301.9.3 Reserved.
3301.9.4 Reserved.
3301.9.5 Other temporary signs required by law.
3301.9.6 Obscured lawful signs.
3301.9.7 Other signs prohibited.
3301.9.8 Illuminated signs prohibited.
3301.10 Reserved.
3301.11 Site safety orientation and refresher.
3301.11.1 Site safety orientation.
3301.11.2 Site safety refresher.
3301.11.3 Site safety orientation and refresher to be conducted by qualified person.
3301.11.4 Site safety orientation and refresher content.
3301.11.5 Records.
3301.12 Pre-shift safety meetings.
3301.12.1 Pre-shift safety meeting to be conducted by a competent person.
3301.12.2 Pre-shift safety meeting content.
3301.12.3 Records.
3301.13 Scope.
3301.13.1 Site safety plan.
3301.13.2 Definitions.
3301.13.3 Designation of primary construction superintendent.
3301.13.4 Change of designation.
3301.13.5 Alternate construction superintendent.
3301.13.6 Limitations on the designation of primary or alternate construction superintendents.
3301.13.7 Duties of construction superintendents.
3301.13.8 Inspection by the construction superintendent.
3301.13.9 Correcting unsafe conditions.
3301.13.10 Notification of conditions to the department.
3301.13.11 Reporting of incidents and damage to adjoining property.
3301.13.12 Competent person.
3301.13.13 Log.
3301.13.14 Reserved.
3301.13.15 Reserved.
3301.13.16 Obligation of others.
3301.13.17 Licensing of construction superintendents.
3301.13.18 Release of the construction superintendent.
3301.13.19 Weekly safety meeting.
3301.14 Contractor shall inform personnel.
Section BC 3302: Definitions
Section BC 3303: Safeguards and Maintenance of Site
Section BC 3304: Soil and Foundation Work
Section BC 3305: Material Placement and Installation
Section BC 3306: Demolition
Section BC 3307: Protection of Pedestrians
Section BC 3308: Unenclosed Perimeter Protection
Section BC 3309: Protection of Adjoining Property
Section BC 3310: Requirements for the Construction or Demolition of Major Buildings
Section BC 3311: Explosive Powered and Projectile Tools
Section BC 3312: Explosives and Blasting
Section BC 3313: Flammable and Combustible Mixtures, Compressed Gases, and Other Hazardous Materials
Section BC 3314: Scaffolds
Section BC 3315: Structural Ramps, Runways, and Platforms
Section BC 3316: Hoisting Equipment and Material Handling Equipment
Section BC 3317: Material Hoists and Bucket Hoists
Section BC 3318: Personnel Hoists
Section BC 3319: Cranes and Derricks
Section BC 3320: Additional Requirements for Certain Material Handling Equipment
Section BC 3321: Construction Site Safety Training
Chapter 34: Reserved
Chapter 35: Referenced Standards
Appendix A: Reserved
Appendix B: Reserved
Appendix C: Reserved
Appendix D: Fire Districts
Appendix E: Supplementary Accessibility Requirements
Appendix F: Rodent Proofing
Appendix G: Flood-Resistant Construction
Appendix H: Outdoor Signs
Appendix I Reserved
Appendix J Reserved
Appendix K: Modified Industry Standards for Elevators and Conveying Systems
Appendix L: Reserved
Appendix M: Supplementary Requirements for One- and Two-Family Dwellings
Appendix N: Assistive Listening Systems Performance Standards
Appendix O: Reserved
Appendix P: Reserved
Appendix Q: Modified National Standards for Automatic Sprinkler, Standpipe, Fire Pump, Fire Alarm, and Smoke Control Systems
Appendix R: Acoustical Tile and Lay-In Panel Ceiling Suspension Systems
Appendix S: Supplementary Figures for Luminous Egress Path Markings
Appendix U: Ancillary Dwelling Units
Chapter 8: New York City Mechanical Code
Chapter 9: New York City Fuel Gas Code
Chapter 10: New York City Energy Code
Chapter 11: The New York City Electrical Code
Title 29: New York City Fire Code
Title 30: Emergency Management
Title 31: Department of Veterans' Services
Title 32: Labor and Employment
Title 33: Investigations
Title 34: Racial Equity
Appendix A: Unconsolidated Local Laws
The Rules of the City of New York
THE RULES OF THE CITY OF NEW YORK
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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.
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