N.Y.C. Admin. Code § BC 3310: Section BC 3310: Requirements for the Construction or Demolition of Major Buildings

3310.1 Scope.

This section shall apply to:

1. The construction of a new major building;

2. The vertical or horizontal enlargement of a major building;

3. The full or partial demolition of a major building;

4. The alteration, maintenance, or repair of a facade of a major building, provided the building is more than 14 stories or 200 feet (60 960 mm) in height, whichever is less, and also provided the facade work requires a sidewalk shed to be installed; and

5. Any construction or demolition work, including the alteration, maintenance, or repair of a facade, in a building so designated by the commissioner.

Exception: The requirements of this section shall not apply to partial demolition operations limited to the interior components of a major building provided no mechanical demolition equipment, other than handheld devices, are used.

3310.1.1 Applicability of other laws.

Nothing contained herein shall diminish or supersede any other applicable city, state, or federal regulation. Nothing in this section shall relieve persons engaged in construction or demolition work of their obligations under this chapter, including but not limited to Sections 3301.1 and 3301.2, or from complying with other applicable provisions of law.

3310.2 Major buildings.

See the definition of "Major building" in Chapter 2.

3310.3 Site safety plan.

No permit shall be issued for the type of work listed in Section 3310.1 until a site safety plan that meets the requirements of Article 110 of Chapter 1 of Title 28 of the Administrative Code has been approved by the department.

3310.4 Site safety monitoring program.

For a project that requires a site safety plan, the general contractor shall enact and maintain a site safety monitoring program to implement such site safety plan. The site safety monitoring program shall, at a minimum, comply with Sections 3310.5 through 3310.10.

Exception: Subject to the approval of the commissioner, a site safety monitoring program may be waived, reduced, or modified in accordance with Section 3310.11.

3310.5 Site safety manager or coordinator to be designated.

A primary site safety manager shall be designated by the owner, agent, construction manager, or general contractor. Where more than one site safety manager is to serve at the site, all such entities shall agree to designate one such site safety manager as the primary site safety manager, or where there is only one site safety manager, such manager shall automatically be designated as the primary site safety manager. The primary site safety manager shall carry out all duties and responsibilities assigned to the site safety manager or coordinator by this chapter and rules promulgated by the commissioner, and shall be certified by the department in accordance with Article 402 of Chapter 4 of Title 28 of the Administrative Code.

Exceptions:

1. A site safety coordinator, certified by the department in accordance with the requirements of Article 403 of Chapter 4 of Title 28 of the Administrative Code, may be designated in lieu of a site safety manager for the construction, vertical or horizontal enlargement, or full or partial demolition of a major building, provided such building:

1.1. Is less than 15 stories or 200 feet (60 960 mm) in height, whichever is less; and

1.2. Has a building footprint of 100,000 square feet (30 480 m

2

) or less.

2. Facade or roof projects that comply with Section 3310.12.

3310.5.1 Notification to the department of the primary manager or coordinator.

The department shall be notified of the primary site safety manager or coordinator prior to the commencement of work. In the event that an alternate site safety manager or coordinator will be acting in place of the primary site safety manager or coordinator for a period longer than two consecutive weeks, the department must be so notified. Any permanent change of the primary site safety manager or coordinator requires immediate notification to the department.

3310.5.2 Presence at the site.

For the construction or alteration of a building, the site safety manager or coordinator shall be present at the site during all times while active work is occurring and through all phases of work, beginning with excavation and continuing until the building is enclosed and the sidewalk shed removed.

For the demolition of a building, the site safety manager or coordinator shall be present at the site during all times while active work is occurring and through all phases of work, beginning with the removal of any glass, asbestos, or facade and, for a full demolition, continuing until the site has been backfilled to grade, or for a partial demolition until the building is enclosed and the sidewalk shed removed.

Exceptions:

1. The site safety manager or coordinator is not required to be present at the site during the following activities, provided no other work is in progress:

1.1. Surveying that does not involve the disturbance of material, structure, or earth;

1.2. Use of a hoist exterior to the building to transport personnel only;

1.3. Use of a hoist that is fully enclosed within the perimeter of the building to transport personnel or material;

1.4. Work limited to finish troweling of concrete floors;

1.5. Work limited to providing the site with temporary heat, light, or water;

1.6. 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;

1.7. Painting; or

1.8. Landscaping that does not involve the disturbance of material, structure, or earth.

2. Subject to the approval of the commissioner, the requirement for a site safety manager, or where a site safety coordinator is authorized by this code, a site safety coordinator, may be waived entirely, or reduced to a part time basis with such part time basis determined by the commissioner, in accordance with Section 3310.11.

3310.5.3 Alternate primary site safety manager or coordinator.

Where the primary site safety manager or coordinator is unable to be at the site, an alternate site safety manager or coordinator shall act in place of the primary site safety manager or coordinator and carry out all duties and responsibilities assigned to the site safety manager or coordinator by this chapter and rules promulgated by the commissioner. Such shall be recorded in the site safety log as required by Section 3310.8.4.2, and where required by Section 3310.5.1 notification shall be provided to the department.

3310.5.4 Limitation on primary site safety manager or coordinator serving at another site.

No site safety manager or coordinator designated as the primary site safety manager or coordinator at a site shall serve as a site safety manager or coordinator at any other site.

Exceptions:

1. A site safety manager or coordinator designated as the primary site safety manager or coordinator at a site may serve as a non-primary site safety manager or coordinator at another site, provided there is no work requiring the presence of such individual in accordance with Section 3310.5.2 occurring at the site for which the individual has been designated as the primary site safety manager or coordinator.

2. A site safety manager may be designated as the primary site safety manager for two or more sites, provided all sites meet the criteria set forth in Section 3310.12.

3310.6 Reserved.

3310.7 Contractor shall inform personnel.

The requirements of Section 3301.14 shall apply.

3310.8 Site safety manager's and coordinator's duties.

The site safety manager or coordinator shall monitor compliance with the site safety plan, the tenant or occupant protection plan, and the requirements of this chapter and any rules promulgated thereunder by performing the duties required by Sections 3310.8.1 through 3310.8.5 and by performing all other safety duties assigned by the owner or general contractor to meet legal requirements.

3310.8.1 Meetings.

The meeting requirements of Section 3301.13.19 shall apply.

3310.8.2 Notification of violations.

In the event the site safety manager or coordinator discovers a violation of this chapter or any rules promulgated thereunder, the site safety plan, or the tenant or occupant protection plan, he or she shall immediately notify the person or persons responsible for creating the violation, whether these persons are employed by the general contractor or by subcontractors. If the site safety manager or coordinator is unable to obtain the cooperation of these persons in correcting the violation, he or she shall immediately inform the direct supervisor of the person or company responsible for creating the violation and request that the supervisor order the necessary corrective action. If such supervisor is not present at the site or is otherwise unavailable, or if informing the direct supervisor does not result in the violation being corrected, the site safety manager or coordinator shall notify the construction superintendent, or if the job does not require a construction superintendent, any other supervisory personnel of the permit holder or any other responsible manager or officer of the permit holder. All such violations and corrective work shall be recorded in the daily log.

3310.8.2.1 Notification of conditions to the department.

The site safety manager or coordinator shall immediately notify the department directly if he or she discovers any of the following conditions in the routine performance of the job:

1. A person is operating a crane, derrick or hoisting equipment on the site without a permit and refuses to desist from operating the equipment;

2. A crane is being operated by an unlicensed operator and such unlicensed operator refuses to desist from operating the crane;

3. No flagperson is present during crane operation where required by this chapter;

4. Sidewalk sheds required by the site safety plan are not in place during construction or demolition activity;

5. Permits have not been issued for the sidewalk sheds;

6. The designer and/or supplier of sidewalk sheds has not certified that the sheds have been erected in accordance with the approved drawings;

7. Any incident has occurred;

8. Required standpipe is not in place at each story below the construction or demolition floor;

9. Required standpipe valves are not in place at each story below the construction or demolition floor;

10. Required standpipe is not capped;

11. Required standpipe is not connected to a water source or fire department connection;

12. Required standpipe fire department hose connection is obstructed;

13. Required standpipe fire department hose connections are not marked by a red light and a sign reading, "Standpipe Connection";

14. A breach exists in the required standpipe risers, cross connections, or fire department connections;

15. The standpipe alarm activates;

16. Stairs are not provided in accordance with Section 3303.11; or

17. An elevator or hoist is not available in accordance with Section 3303.12.

3310.8.2.1.1 Responsibility.

Upon proper notification to the department of the existence of any of the above-noted circumstances, any responsibility the site safety manager or coordinator has under this code arising out of, relating to, or as a result of the existence of that circumstance, shall cease.

3310.8.2.1.2 Notification of construction superintendent.

For a job that requires a construction superintendent, upon notification of the above conditions to the department, the site safety manager or coordinator shall notify the construction superintendent of the condition and that notification has been made to the department.

(L.L. 2021/149, 12/11/2021, eff. 11/7/2022)

3310.8.3 Inspections.

Site safety inspections shall be performed and documented as required by Sections 3310.8.3.1 through 3310.8.3.4.

3310.8.3.1 Spot checks.

The safety manager or coordinator shall personally perform spot checks of the site on a regular basis throughout the day for compliance with the site safety plan, the tenant or occupant protection plan, the requirements of this chapter, and any rules promulgated thereunder.

3310.8.3.2 Enumerated inspections.

The following inspections shall be performed by the site safety manager or coordinator, or by one or more individuals designated by the site safety manager or coordinator and certified as a site safety manager or coordinator in accordance with Chapter 4 of Title 28 of the Administrative Code:

1. Daily, weekly, and other checks as specified in rules promulgated by the commissioner.

2. Daily checks to ensure that a standpipe system is available and in a state of readiness at all times for use by firefighting personnel by verifying:

2.1. That valves are in place at each story below the construction floor;

2.2. That standpipes are connected to a water source or fire department connection; and

2.3. That fire department hose connections are free from obstruction and are marked by a red light and sign that reads, "Standpipe Connection".

3. Weekly checks to verify that no breach exists in the standpipe system by visually tracing the standpipe, including risers, cross connections and fire department connections.

3310.8.3.3 Delegation.

Nothing in this code shall be read to prohibit the site safety manager from delegating enumerated inspections to an individual certified as a site safety coordinator at a site where a primary site safety manager is required; however, the site safety manager or coordinator may not delegate their general responsibility to perform spot checks of the site throughout the day. Delegation does not relieve the site safety manager or coordinator from the responsibility to ensure such inspections are adequately performed.

3310.8.3.4 Record of inspections.

A record of all such inspections shall be maintained by such site safety manager or coordinator in the site safety log in accordance with Section 3310.8.4.

3310.8.4 Site safety log.

A site safety log shall be maintained and kept at the site. The log, or where there is more than one log, the logs in total, shall, at a minimum, contain the following information:

1. Date and location of inspections performed in accordance with Section 3310.8.3;

2. Date and names of individuals met with to satisfy the requirements of Section 3310.8.1;

3. Any unsafe acts and/or conditions, and dates and locations of said unsafe acts and/or conditions;

4. Companies and representatives notified of unsafe acts and/or conditions;

5. Dates of notification of unsafe acts and/or conditions;

6. Dates of correction of unsafe acts and/or conditions and nature of correction;

7. Any incident;

8. Any violations, stop work orders, or summonses issued by the department, including date issued and date lifted or dismissed;

9. Dates and location where horizontal and vertical safety netting have been installed, replaced and/or repaired;

10. Date horizontal safety netting is removed;

11. Date when building reaches a height of 75 feet (22 860 mm); and

12. Date when the building is topped off.

3310.8.4.1 Recording inspections in the site safety log.

Inspections shall be recorded by the end of the day by the site safety manager or coordinator who performed the inspection. The site safety log, or where there is more than one log, each individual log, shall be completed and signed by the site safety manager or coordinator, and if the inspection is performed by another individual, by the site safety manager or coordinator who performed the inspection.

Exception: Where a part time site safety manager or coordinator is approved by the commissioner in accordance with Section 3310.11, the site safety manager or coordinator shall sign the log when he or she arrives at the site and leaves the site, and all entries in the site safety log shall be completed and signed prior to leaving the site.

3310.8.4.2 Recording change in site safety manager or coordinator.

If at any point during the day an alternate site safety manager or coordinator acts as the primary site safety manager, this shall be noted in the log, and the alternate site safety manager shall log in. If a site safety manager or coordinator is relieved of his or her responsibilities at the site, or a site safety manager or coordinator leaves the site for any reason, this shall be indicated in the site safety log, and another site safety manager or coordinator shall assume the duties of such relieved or absent site safety manager or coordinator by signing in.

3310.8.4.3 Review and signature by the construction superintendent.

Prior to the start of the subsequent work day, the previous day's entries in the site safety log shall be reviewed by the construction superintendent, and an entry shall be made in the site safety log, signed and dated by the construction superintendent, that he or she has reviewed all of the previous day's entries.

(L.L. 2021/149, 12/11/2021, eff. 11/7/2022)

3310.8.5 Permit log.

Any equipment brought onto the job that requires permits, as well as a description of the equipment, where it is to be located, permit number, issue and expiration date of the permit, and certificate of inspection, if required, shall be entered on a separate permit log that shall be maintained at the site by the site safety manager or coordinator and kept at the site.

3310.8.6 Reserved.

3310.9 Additional site safety personnel.

The following additional personnel shall be employed to oversee concrete operations at a major building and such other classes of buildings or operations as the commissioner may designate by rule. These personnel shall coordinate directly with the site safety manager or coordinator. In all instances, the site safety manager or coordinator retains responsibility for ensuring compliance with the provisions of Section 3310 of this code and all applicable rules, and for signing the site safety log. The name and contact information of the additional site safety personnel shall be recorded in the site safety log.

3310.9.1 Concrete safety manager.

A concrete safety manager shall be designated by the concrete contractor at those sites where the concrete portion of the project involves the pouring of a minimum of 2,000 cubic yards of concrete or such lesser amount as the commissioner may determine by rule. Concrete safety managers shall have five years of experience in concrete operations and shall have satisfactorily completed, within the five calendar years prior to registration, a thirty hour course approved by the commissioner that is sufficient to qualify the individual as a competent person under OSHA standards to oversee concrete operations, including such topics as formwork design, construction and stripping operations, rebar handling, and rigging. Concrete safety managers shall register with the department in the same manner as construction superintendents, and shall provide evidence of meeting the eligibility requirements set forth herein. No person shall perform the duties of a concrete safety manager without being registered as such with the department. The commissioner shall promulgate rules establishing the duration that such registration shall be valid and the requirements for renewal of the registration. The concrete safety manager shall be present during all concrete operations. For purposes of this section, "concrete operations" shall mean the pouring of concrete and the construction and stripping of concrete forms and related activities as specified by the commissioner.

3310.10 Orientation and training.

All workers employed at a major building site shall receive orientation and training as required by this section and Section 3321.

3310.10.1 Orientation.

The requirements of Section 3301.11 shall apply.

3310.11 Modifications to the site safety monitoring program.

The commissioner may, based upon a written request from a registered design professional, waive, reduce, or modify the requirements for the site safety monitoring program for a job of a limited scope or duration in accordance with Section 28-103.3 of the Administrative Code.

3310.12 Facade projects.

Where authorized in accordance with rules promulgated by the commissioner for a project whose scope is limited to the alteration, maintenance, or repair of a facade or roof, the inspection, documentation, reporting, and other activities required by Sections 3310.5 through 3310.9 may instead be assigned to a qualified person. The qualified person shall also perform all other duties assigned by rules promulgated by the commissioner. The qualified person shall work under the direct and continuing supervision of a site safety manager, or a licensed master or special rigger, and shall meet all training and experience prerequisites established by rules promulgated by the commissioner.