(a) References. See Sections 3307 and 3301.9 of the New York City Building Code (BC).
(b) Definitions. For the purposes of this section, the following terms mean:
(1) Best construction site management program. A plan designed to help reduce construction impact on the surrounding community by monitoring certain activities at construction sites. This program must be developed and implemented by a party who is independent of the contractor.
(2) Contractor. A general contractor or, for a demolition site, the demolition contractor.
(3) Department's acceptance logo. A logo provided by the Department that indicates the Department has accepted the best construction site management program and that may be displayed on the sidewalk shed parapet panel along with the program name or logo at a site utilizing an accepted best construction site management program.
(4) Designated responsible party. The person in charge of implementing the best construction site management program and authorized to receive notices from the Department. This party must be designated by the person, corporation or other legal entity operating the program.
(5) Project information panel. A project information panel required to be posted on a construction fence as set forth in BC Section 3301.9.1.
(6) Sidewalk shed parapet panel. A sidewalk shed parapet panel required to be posted on a sidewalk shed as set forth in BC Section 3301.9.2.
(7) Site. A construction or demolition site.
(c) Project information panels at government-owned sites and at sites with government funding. Project information panels at government-owned sites and at sites with government funding must conform to all requirements set forth in BC Section 3301.9 except as provided in this section.
(1) Content of project information panels at government-owned sites and at sites with government funding. Project information panels at government-owned sites and at sites with government funding must include the following information (see Figures 1, 2, and 3):
(i) A rendering, elevation drawing, site plan, or zoning diagram of the building exterior that does not contain logos or commercially recognizable symbols; Exception: A rendering, elevation drawing, site plan or zoning diagram of the building exterior is not required for demolition projects.
(ii) A title line stating "Work in Progress:" and specifying the nature of the project;
(iii) Anticipated project completion date;
(iv) The name of the government entity owning the site and/or funding the project;
(v) Website address to contact for project information;
(vi) The corporate name and telephone number of the contractor;
(vii) The statement, in both English and Spanish, "TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS WORK SITE, CALL 311" and
(viii) 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 must be laminated or encased in a plastic covering to protect it from the elements or shall be printed directly onto the project information panel. In addition to the above requirements, the name(s) of government official(s) may be incorporated into the panel in accordance with Figures 1, 2 and 3.
(2) Specifications for project information panels at government-owned sites and at sites with government funding. Project information panels must be 6 feet (1829 mm) wide and 4 feet (1219 mm) high, with the content required by paragraph (1) of this subdivision arranged in accordance with Figures 1, 2 and 3, as applicable. The content required by subparagraphs (ii) through (vii) of paragraph (1) of this subdivision must 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 must be white, on a blue background, with such blue color of a shade matching Pantone 296, or RGB 15, 43, 84, or CMYK 100, 88, 38, 35.
Exceptions:
(i) The dimensions for a project information panel posted in conjunction with a demolition project must be 2 feet 4 inches (711 mm) wide and 4 feet (1219 mm) high, in accordance with Figure 1.
(ii) 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, must be 55 inches (1397 mm) wide and 36.5 inches (927 mm) high, in accordance with Figure 3.
Figure 1
Fence Project Information Panel Text Detail
Fence Project Information Panel Text Detail
Figure 2
Fence Project Information Panel Layout
Fence Project Information Panel Layout
Figure 3
Fence Project Information Panel Layout for Small Lots
Fence Project Information Panel Layout for Small Lots
(d) Best construction site management program.
(1) Scope. This section outlines the requirements for Department-accepted best construction site management programs and the duties of the designated responsible party. Unless otherwise authorized under the Administrative Code or Department rules, only Department-accepted best construction site management programs may be identified on a sidewalk shed parapet panel.
(2) Application and acceptance.
(i) Application for acceptance must be made on forms to be furnished by the Department and must contain such information as the Department prescribes, including, but not limited to, the name, address and contact information of the person, corporation or other legal entity operating the program and the name, address and contact information for the designated responsible party.
(ii) The Department may accept a best construction site management program if it receives a completed application that includes a detailed plan that demonstrates that the program is designed to ensure that its participating work sites are well-managed, clean and responsive to community concerns. The plan must include, at a minimum, the duties listed in paragraph (4) of this subdivision.
(iii) Applications must include a certification by the program's designated responsible party that the plan will be implemented at all times at each of the program's participating sites.
(3) Duties of the designated responsible party.
(i) The designated responsible party must monitor the contractor and the site to ensure the maintenance of publicly accessible areas within or surrounding the site and site operations, including, but not limited to, ensuring the contractor:
(A) Maintain the site free of any construction debris, or rubbish, materials and equipment;
(B) Maintains all areas and surfaces such that they are neat, clean and free of damage, illegal signage, graffiti and sharp objects;
(C) Maintains free of snow and ice on sidewalks and snow and ice that poses potential danger to the public.
(ii) The designated responsible party must monitor the contractor and the site to ensure that the community impact is minimized, which includes, but is not limited to, ensuring that the contractor:
(A) Installs enhanced netting systems and sidewalk protections.
(B) Reduces or shields the public from noise, vibration, dust and noxious substances;
(C) Protects street trees, plants, sidewalk amenities and furniture; and
(D) Addresses nuisance and environmental complaints.
(iii) The designated responsible party must promote community relations, including, but not limited to, the following:
(A) Establish a method to receive and provide responses to complaints or questions and to provide timely updates about on-going construction operations, including project scope and expected duration of the project;
(B) Provide notification to the respective Community Board prior to affixing the best construction site management program name or logo on a sidewalk shed parapet panel at a participating site; and
(C) For new buildings, alterations or demolitions of major buildings, as that term is defined in Chapter 33 of the New York City Building Code, provide live project updates to the respective community board within thirty (30) days of a site joining a best construction site management program and every six months thereafter.
(iv) The designated responsible party must conduct periodic reviews of its participating sites to verify program compliance. Such reviews must be conducted more frequently if so directed by the Department.
(v) The designated responsible party must maintain the following records until construction is complete and make them available to the Department upon request:
(A) Current list of the participating site addresses, contractor name, address and contact number and the owner name and address;
(B) Details of each review with respect to any program requirements set forth in paragraph (4) of this subdivision and any actions resulting therefrom; and
(C) Details of complaint resolution for each complaint, including mitigation strategies.
(vi) The designated responsible party must develop a process for:
(A) Notifying the Department of any changes to the best construction site management program, plan or the designated responsible party within ten days of such change; and
(B) Notifying the contractor and owner if the best construction site management program is no longer accepted by the Department or if an order has been issued by the Commissioner instructing that the program's name or logo and the Department's acceptance logo must be immediately removed from the sign.
(e) Revocation.
(1) Failure to comply with duties. Following notice and an opportunity to be heard, the Department may revoke acceptance of a best construction site management program and order removal of the program's name or logo and Department acceptance logo from the sidewalk shed parapet panel at a particular site or at all the program's sites for failure to comply with the duties set forth in paragraph (3) of subdivision (d) of this section and the plan described in the accepted best construction site management program application.
(2) Failure to ensure compliance with plan. Following notice and an opportunity to be heard, the Department may order removal of the program's name or logo and Department acceptance logo from the sidewalk shed parapet panel at a particular site where the best construction site management program fails to ensure that the participating work site is well-managed, clean and responsive to community concerns.
(3) Removal of logos. If the program's name or logo and the Department's acceptance logo are not removed from the sidewalk shed parapet panel within 10 days of the order, the Department may cover the program's name or logo and the Department acceptance logo, at the owner's expense.
(4) Continuation of program without logos. Revocation of the Department's program acceptance or order to remove the program name or logo and the Department's acceptance logo at a particular site, shall not affect the ability of the best construction site management program to continue its mission without inclusion of its name or logo on the sidewalk shed parapet panel and without reference to Department program acceptance.
(Amended City Record 4/19/2018, eff. 5/19/2018)
Construction superintendents must be registered with the Department, in accordance with the following provisions.
(a) Form and manner of registration. An application for registration as a construction superintendent must be submitted in a form and manner acceptable to Department, and provide such information as the department may require.
(b) Qualifications. All applicants for construction superintendent registration are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code and must submit satisfactory proof establishing that the applicant:
(1) Holds a valid site safety manager or site safety coordinator certificate, or a valid registration as a concrete safety manager; or
(2) Is able to read construction plans and specifications; and
(3) Has satisfactorily completed, within two (2) years prior to the date of application, a course that is at least ten hours (10) in length and approved by the United States Department of Labor Occupational Safety and Health Administration (OSHA) in construction industry safety and health; and also meets one of the following:
(i) Is a registered design professional and has satisfactorily completed, within one (1) year prior to the date of the application, a course in site safety that is at least 8 hours in length and approved by the department;
(ii) Holds a Certified Safety Professional ("CSP") designation or a Construction Health and Safety Technician ("CHST") designation from the Board of Certified Safety Professionals ("BCSP") and has satisfactorily completed, within one (1) year prior to the date of the application, a course in site safety that is at least 8 hours in length and approved by the department;
(iii) Has five (5) years of experience, within ten (10) years prior to the date of the application, as a Building Code enforcement official charged with enforcement of the provisions of the New York City Building Code, and has satisfactorily completed, within one (1) year prior to the date of the application, a course in site safety that is at least 8 hours in length and approved by the department. The enforcement must have included inspections of buildings under construction or demolition and thus this basis for qualification excludes officials whose primary role is to perform inspections of occupied or vacant buildings;
(iv) Has five (5) years of full-time field experience in the United States, within 10 years prior to the date of the application, working on buildings as a safety official for a governmental entity or construction firm or as a safety manager or safety engineer for a safety consulting firm specializing in construction or demolition and has satisfactorily completed, within one (1) year prior to the date of the application, a course in site safety that is at least 8 hours in length and approved by the department; or
(v) Has five (5) years of full time experience in the United States, within ten (10) years prior to the date of the application, as verified by employer affidavit, working with plans in a relevant construction trade in furtherance of the construction, vertical or horizontal enlargement, or full demolition of a building or structure, and has satisfactorily completed, within one (1) year prior to the date of the application, a course in site safety that is at least 40 hours in length and approved by the department.
(c) Credits. For purposes of paragraph (3) of subdivision (b) of this section, the following credits may be applied:
(1) Educational credit. Each year of full-time formal training or education in a program with emphasis on construction at a college, technical or trade school may be substituted for one year of work experience, up to a maximum of three years.
(2) Training credit. Possession of a valid Site Safety Training Supervisor Card will be accepted in lieu of providing proof that the applicant has completed the OSHA and site safety courses specified in paragraph (3) of subdivision (b) of this section.
(d) Audits. Applications for registration are subject to audit at any time. An audit may also be made at any time upon receipt of complaints or evidence of falsification.
(e) Registration term. Registrations issued under this section are valid for three years from the date of issuance.
(f) Registration fees. The initial fee for registration in accordance with this section is one hundred dollars ($100.00).
(g) Renewals.
(1) Renewals may be subject to the provisions of Article 401 of Chapter 4 of Title 28 of New York City Administrative Code. The fee for timely renewal is fifty dollars ($50.00). Renewals not submitted in a timely manner will be subject to a late surcharge of fifty dollars ($50.00).
(2) Timely renewal applications must be accompanied by proof that the applicant has, during the one-year prior to renewal, successfully completed an 8-hour Site Safety Coordinator course approved by the department.
(3) Renewals not filed within one year of registration expiration will be treated as a new application.
(h) Notification of change of address. Registered construction superintendents must notify the department, in writing, of any address change within thirty (30) days of the change.
(Added City Record 4/28/2016, eff. 5/28/2016; amended City Record 4/19/2018, eff. 5/19/2018; amended City Record 7/15/2022, eff. 8/14/2022; amended City Record 1/26/2023, eff. 2/25/2023)
(a) Required signs. Worker safety information signs are required at all construction sites where site safety training is required as set forth in BC 3321. Such signs must be posted by the general contractor.
(b) Content of signs. Worker safety information signs at construction sites must state as follows in all the languages used by the workers to communicate at the construction site:
(1) "As of December 1, 2019, workers will not be permitted to work on this site unless they have 30 hours of safety training, demonstrated by an OSHA 30 card, a Limited Site Safety Training Card, or a Site Safety Training Card.
As of December 1, 2019, workers serving as a site safety manager, site safety coordinator, concrete safety manager, construction superintendent or a competent person, as required by Section 3301.13.12 of the Building Code, will not be permitted to work on this site unless they have 62 hours of safety training, demonstrated by a Supervisor Site Safety Training Card.
As of March 1, 2021, workers will not be permitted to work on this site unless they have 40 hours of safety training, demonstrated by a Site Safety Training Card.
Visit www.nyc.gov/nycsafety or call 311 for more information."
(2) The statement "TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS WORK SITE, CALL 311"
(3) Any additional information related to safe work practices provided by the department.
(c) Specifications for signs. Worker safety information signs must comply with the following requirements:
(1) Such signs must be 44 inches wide and 30 inches high, with the content required by subdivision (b) of this section 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 must be white, on a blue background, with such blue color of a shade matching Pantone 296, or RGB 15, 43, 84, or CMYK 100, 88, 38, 35.
(2) Such signs must be constructed out of a durable and weatherproof material such as vinyl, plastic, or aluminum, and such material must be flame retardant in accordance with NFPA 701 or listed under UL 214.
(d) Placement of signs.
(1) Visibility. Worker safety information signs must be posted within the site in a location that is readily visible to workers.
(2) Site areas with construction fencing. In site areas bound by construction fencing, at least one sign must be placed at each egress point on the inside of the fencing, including vehicle delivery fence gates and existing loading docks.
(3) Site areas without construction fencing. In site areas not bound by construction fencing, at least one sign must be placed at each egress point within the controlled access zone where construction is taking place and at each existing loading dock or location being used for construction delivery or access.
(e) Violations. Failure to comply with any of the requirements of subdivisions (a) through (d) of this section may result in the issuance of a violation.
(Added City Record 10/15/2019, eff. 10/15/2019; amended City Record 11/10/2020, eff. 12/10/2020)
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