N.Y.C. Admin. Code § BC 1704: Section BC 1704: Responsibilities for Special Inspections and Tests

1704.1 General.

Where application is made for construction as described in this section, one or more special inspection agencies meeting the requirements of Sections 28-114.1, and 28-115.1 of the Administrative Code shall be retained by the owner to provide inspections during construction on the types of work listed under Section 1705 and elsewhere in this code. These inspections are in addition to the other inspections required by Section 110, elsewhere in this code, and Section 28-116 of the Administrative Code. The special inspector shall be acceptable to the registered design professional of record.

Exception: Special inspections are not required for building components unless the design involves the practice of professional engineering or architecture as defined by the Education Law of the State of New York and applicable regulations governing the professional registration and certification of engineers or architects.

1704.1.1 Responsibilities.

Special inspection responsibilities of registered design professionals of record, special inspection agencies, and permit holders shall meet the applicable requirements of this section.

1704.1.1.1 Responsibilities of the registered design professional of record.

The registered design professional of record shall have the following duties and responsibilities:

1.

Identification of required special inspections. The registered design professional of record shall identify the materials, equipment, installation, fabrication, erection or placement of components and connections, or construction operations for the work indicated on the construction documents that are subject to special inspections on the construction documents and in any other form supplied or manner required by the department prior to the approval of the construction documents.

2.

Respond to field discrepancies. The registered design professional of record shall respond to special inspector reports of uncorrected discrepancies and shall approve remedial measures.

3.

Review of shop drawings and other submittals. Where shop or working drawings, and other submittals have been provided, the registered design professional of record shall review such shop drawings for conformance with the approved design. The registered design professional shall acknowledge conformance with the approved design on such documents.

4.

Deviations from approved construction documents. The registered design professional of record shall submit to the department and the special inspection agency written documentation of the professional's approval of deviations from the approved construction documents. All such deviations approved by the registered design professional of record shall be filed with the department on amended construction documents in accordance with section 28-104.3 of the Administrative Code.

1704.1.1.2 Responsibilities of the special inspection agency.

The special inspection agency shall have the following duties and responsibilities:

1.

Independence. The special inspection agency shall be independent of the contractors responsible for the work being inspected. The registered design professional of record is permitted to act as the approved special inspection agency and such agency's personnel are permitted to act as special inspectors for the work designed by the registered design professional of record, provided those personnel meet the qualification requirements of this section to the satisfaction of the department.

2.

Qualifications. The special inspection agency shall ensure that qualified special inspectors are provided to perform special inspections in accordance with the rules of the department. Upon request of the registered design professional of record, the special inspection agency shall provide proof of inspector's and agency's qualifications, certifications, and other documents demonstrating compliance with department rules and regulations.

3.

Construction documents. The special inspection agency shall examine all approved construction documents that relate to the work that is the subject of the special inspections to confirm that the documents are sufficient to enable the proper performance of the special inspection. The special inspection agency shall confirm that any shop drawings or sketches have been accepted by the registered design professional of record. Acceptance shall be demonstrated in writing by the registered design professional of record on the documents. All approved shop drawings, submittals and/or sketches are to be located on site and accessible to the special inspector at time of inspection.

4.

Inspection. The special inspection agency shall observe work subject to special inspection to confirm that the work that is the subject of the special inspection is in compliance with the approved construction documents; with the approved shop drawings, where provided; and with the special inspection requirements of this code and department rules and regulations.

5.

Tests. Where specifically required by this code, the performance of testing shall be by qualified special inspectors working for the special inspection agency. In all other instances, the special inspection agency shall observe testing to confirm that testing activities that are subject to special inspection are in compliance with the prescribed testing procedures.

6.

Reports. The special inspection agency shall prepare reports of its inspections and tests, and such reports shall indicate that work inspected was or was not performed in conformance with approved construction documents.

6.1.

Format. Special inspection reports and records of special inspections shall be in the form and format supplied by the commissioner.

6.2.

Discrepancies. Discrepancies shall be brought to the immediate attention of the contractor and, when applicable, to the attention of the superintendent of construction, for correction. The discrepancies shall also be brought to the attention of the owner, and the registered design professional of record in a timely manner to allow for correction of the discrepancies.

6.3.

Hazardous conditions. The special inspector shall report conditions noted as hazardous to life, safety or health that are not immediately corrected to the immediate attention of the commissioner.

6.4.

Final report. Prior to issuance of a certificate of occupancy or letter of completion, a final report documenting the required special inspections, including any required performance or witnessing of tests, and correction of all discrepancies noted in the inspections shall be submitted to the department. Such report shall certify compliance with approved construction documents, deviations approved by the registered design professional of record in accordance with Section 1704.1.1.1 Item 4 of this code, and the administrative and procedural requirements of this code.

6.5.

Approval of partially completed work. Reports of partially completed work shall be accepted when such reports indicate that the inspected work has been completed in accordance with the construction documents, and indicate the extent and the condition of the remaining work.

6.6.

Maintain records. The special inspection agency shall maintain records of inspections for a period of 6 years from the date of the special inspection agency's final submittal or report of completed inspection. Such records shall be supplied to the commissioner upon request. The commissioner may require that special inspection reports be filed with the department and/or that such reports be otherwise made accessible for review.

1704.1.1.3 Responsibilities of the permit holder.

The permit holder shall have the following duties and responsibilities:

1.

Statement of special inspections. The application for permit shall include a statement of relevant special inspections as a condition for permit issuance on forms supplied by the department. This statement shall include:

1.1. A complete list of materials and work included in the permit application requiring special inspections by this section and elsewhere in this code and the inspections to be performed on such work and materials; and

1.2. A list of the special inspection agencies retained by the owner for conducting the special inspections listed on the approved plans. Within each category of work, multiple special inspectors or special inspection agencies may be employed.

2.

Identification of registered design professionals providing design documents for certain construction operations. The registered design professionals responsible for the production of design, sequence of construction operations or shop drawings for projects that require design pursuant to Chapter 33, shall file documentation of their intent to perform those duties on forms supplied by the department. The registered design professionals preparing such documents shall also be subject to the responsibilities of a registered design professional of record required by Section 1704.1.1.1 for the scope of work covered in the design, sequence of construction operations or shop drawings for which they are responsible.

3.

Required notification to special inspection agencies. The holder of a permit covering work requiring a special inspection shall notify the relevant special inspectors or special inspection agencies in writing at least 72 hours before the commencement of any work requiring special inspection. The permit holder shall make available the most current approved construction documents to the special inspection agency.

4.

Access for special inspection. The construction or work for which special inspection is required shall remain accessible and exposed for special inspection purposes until completion of the required special inspections.

5.

Resolution of discrepancies. The permit holder shall be responsible for the resolution of identified discrepancies. A satisfactory inspection by a special inspection agency or the acceptance by the department of a satisfactory report of an inspection by a special inspection agency shall not be construed to be an approval by the department of a violation of the provisions of this code or of any other provision of law.

1704.2 Inspection of fabricators.

Where fabrication of structural members, and other regulated products is performed on the premises of a fabricator's shop, special inspection and progress inspection of the fabricated items shall be required by this section, the New York City Construction Codes, and Chapter 1 of Title 28 of the Administrative Code.

1704.2.1 Fabrication and implementation procedures.

The special inspector shall verify that the fabricator maintains detailed fabrication and quality control procedures that provide a basis for inspection control of the workmanship and the fabricator's ability to conform to approved construction documents and referenced standards. The special inspector shall review the procedures for completeness and adequacy relative to the code requirements for the fabricator's scope of work.

Exception: Special inspections and progress inspections as required by Section 1704.2 shall not be required where the fabricator is approved in accordance with Chapter 1 of Title 28 of the Administrative Code, except as required by Section 1704.2.2 of this code.

1704.2.2 Fabricator approval.

Work that is subject to special inspection and performed on the approved fabricator's premises shall be inspected by the special inspection agency in accordance with Section 1704.2.2.3. Approval of fabricators shall be based upon review of the fabricator's written procedural and quality control manuals and periodic auditing of fabrication practices by an approved agency.

1704.2.2.1 Certificate of intent to fabricate.

For all work where approval is sought based upon Section 1704.2.2, the approved fabricator shall submit a certificate of intent to fabricate such work to the department identifying the work to be performed as an approved fabricator, and that such work shall be performed in accordance with the approved construction documents, referenced standards and applicable provisions of law and for which site the work is being fabricated prior to fabricating any items for such project.

1704.2.2.2 Fabricator's certificate of compliance.

For all fabricated items, the approved fabricator shall submit a certificate of compliance to the department stating that the work was performed in accordance with the approved construction documents, referenced standards and applicable provisions of law.

1704.2.2.3 In-plant special inspections.

The owner shall engage an approved special inspection agency to perform special inspections for the portion of the work performed in the approved fabricators premises. These inspections shall at a minimum include: (i) one visit to the fabricator's premises during the course of the subject work to verify the fabricator's compliance with the written and procedural quality control manuals; and (ii) inspection of 5 percent of the subject work to verify compliance with the approved construction documents.