Chapter 4 of the NYC General Administrative Provisions (AC) for Construction Codes defines the various licensing and registration requirements, and qualifications of individuals employed on any project regulated by the Department of Buildings. AC 28-401.18 requires General Contractors (GC) to register with the department. AC 28-401.18requires licensed contractors to have a place of business in New York City. AC 28-418 requiresall registrants to include their license number and business information on trucks, business cards and advertisements.
Any alteration to a 1, 2, 3, or 4-family dwelling requires a Home Improvement Contractors (HIC) license issued by the Department of Consumer Affairs in addition to a General Contractor (GC) license. This includes, but is not limited to, the construction, replacement, or improvement of cellars, basements, driveways, fences, garages, landscaping, patios, porches, sidewalks, swimming pools, terraces, and other improvements to structures or upon land that is next to a home or apartment building.
Registered general contractors must also have safety endorsements from DOB for construction, concrete and demolition work if performing such work on buildings that are four stories or more. Based on the scope of a project, additional requirements may be applicable.
Non-registered contractors may perform limited work that is assigned a tracking number, but must pre-file with DOB and provide proof of Workers’ Compensation and Disability Insurance.
Welders are required to obtain a license from the commissioner, per AC 28-407.
Licensed Contractors must register first to use the Department’s online ePermit processing system. A permit application must be completed online by the licensed or registered Contractor for the issuance of a renovation permit. Prior to issuing a permit for the approved project, the following are required:
Payment of any unpaid Project Application fees.
Identification of responsible Special Inspection Agencies (SIA) by the Registered Design Professional.
Request for waiver of penalties, stop work order (SWO) or violations (former L2 Form).
Licensee’s license and insurance information must be active and current.
Licensed General Contractors registered with DOB must have active and current insurance policies and must keep any registration, license and insurance policies current with the DOB Licensing Unit, enabling a contractor’s status to be automatically checked and displayed when they submit a permit application. (insurance requirements*)
*Additional Project Specific Insurance may be required. See our Project Specific General Liability Insurance Tool
Permits have a maximum duration of two years from the date of issuance, per AC 28-105.8.1. Permit expiration may coincide with the expiration date of General Liability Insurance, per, or with the project-specific insurance or if work has not commenced within 12 months, per AC 28-105.9. Such permit can be renewable and must be in effect at all times during which the equipment is at the work site.
The Administrative Code of the City of New York §28-301.1 requires owners to maintain their properties in a safe condition. All parties engaged in a construction or demolition operation, including but not limited to the owner, construction manager, general contractor, sub-contractors, material men, Registered Design Professionals, or other party to engage in sound design and engineering, safe construction or demolition practices, shall act in a reasonable and responsible manner to maintain a safe construction or demolition site per BC 3301.1.1. Per BC 3301.8 any party engaged in construction or demolition work that results in damage to an adjacent property or if an accident occurs, the Department shall be notified of any party engaged in construction or demolition work that results in damage to an adjacent property or if an accident occurs.
For regulations related to the safety of persons employed on a construction site or during demolition operations, OSHA Standards shall apply per BC 3301.1.
Where required by the commissioner, a Site Safety Plan shall be approved by the Building Enforcement Safety Team (BEST) prior to approval to the New Building application per BC 3310.3.
For regulations related to party wall protection, see BC 3309.8.
For regulations related to waterproof integrity, see NYC BC 3309.9.
For regulations on hours of the day or days of the week in which construction work may be undertaken refer to 15 RCNY Chapter 28: Citywide Construction Noise Mitigation.
Mechanical construction equipment must be properly secured when not in use, per BC 3303.4.5.
The permit holder is required to notify DOB prior to excavation per BC 3304.3.1.
Notify adjoining property owners per BC 3304.3.2 and BC 3309.1.1.
All equipment shall be used in accordance with the specifications of the manufacturer, where such specifications exist, in addition to the requirements of the NYC Building Code. Where there is a discrepancy, the stricter requirement shall apply per BC 3301.1.3.
Open fires are illegal on construction sites per NYC Fire Code FC 1404.3.
Approved portable fire extinguishers must be available on floors or other locations where combustible materials or liquids are stored, combustible waste is being generated and at the entrance of each storage and construction shed per NYC Fire Code FC 1415.1.
Temporary heating equipment used at construction sites must comply with NYC Fire Code FC 1403.
If you have a Fire Department variance to use a coke-fueled heater, you must minimize the fire load on concrete construction projects. BC 3303.6 and NYC Fire Code FC 307. A permit shall be required, per FC 105.6, to store, handle or use coke-fueled salamander heaters at a construction site.
Store materials away from flames per NYC Fire Code FC 308.2.
When work involves relocation or modification of Sprinkler, Standpipes, Fire Protection Systems, etc., contractor must notify FDNY and obtain approval if required by sections BC 3303.7 and BC 3303.8.
All shanties and contractor sheds shall be built from fire-retardant or non-combustible materials and shall be located in safe area BC 3303.16.
Where a means of ingress/egress to the property remains open to the public during the course of construction or demolition, walkways, pathways, and similar areas within the property line that provide a path of travel between the required means of ingress/egress and the public sidewalk or temporary walkway shall remain open per BC 3307.2.4.
A new building project may be granted Temporary Certificates of Occupancy (TCO) for portions of such building while other areas are still under construction. Construction documents for alteration in an occupied building during construction shall include a tenant protection plan. Such plan shall contain a statement that the building contains dwelling units, offices, or similar, that will be occupied during construction. It shall also include the specific units that are occupied during construction and the means and methods to be employed to safeguard the safety and health of the occupants with details such as temporary fire-rated assemblies, opening protective, or dust containment procedures. The elements of the tenant protection plan shall have detailed and specific provisions for egress, fire safety, structural safety, health requirements, and demonstrate compliance with housing standards and noise restrictions per AC 28-104.8.4.
In an occupied building, protective means (barricades, signs, drop cloths, etc.), shall be installed and maintained as necessary to provide protection for the occupants against construction hazards and nuisances. Such protective means shall be indicated on the tenant protection plan per BC 3303.10.1.
Alteration projects such as excavation, demolition and façade repair require the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, material chutes, hoists, etc., required to safely move materials associated with the project, and required for the protection of workers and the public, per section AC 28-105.8 and sections BC 3304, BC 3307, BC 3308, BC 3314, etc. Also, refer to Construction Project Guidelines for Temporary Construction Equipment.
*Note: For the balance of site safety requirements, see BC Chapter 33.*