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Registrant Project Requirements:
Creation and Alteration of Habitable Apartments In Basements or Cellars of 1- and 2-Family Buildings (Local Law 49 of 2019): Work & Site Requirements

Licensed Contractors and Registration

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 DOB. AC 28-418 requires General Contractors (GC) to register with DOB. AC 28-401.18 requires 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.

Contractor Registration

Any new development of a 1, 2, 3, or 4-family dwelling shall also require 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.

Safety Registration

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.

Insurance Tracking

Welders are required to obtain a license from the commissioner, per AC 28-407.

Alteration Work Permit

Most alteration scopes may include work by specialized trades for which separate work permits are issued. For example, plumbing, sprinkler, electrical, boiler, and/or elevator work permits are issued separately to individual contractors. Licensed contractors must register first to use DOB’s online permit processing E-Permit system. A permit application must be completed online by the registered contractor for the issuance of an Alteration permit. Prior to issuing a permit for the approved project, the following are required:

  1. Payment of any unpaid Project Application fees.

  2. Identification of responsible Special Inspection Agencies (SIA).

  3. Request for waiver of penalties, stop work order (SWO) or violations (former L2 Form).

  4. Licensee’s license and insurance information must be active and current.

Work Site Safety Requirements for Construction Activity

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 construction shall act in a reasonable and responsible manner to maintain a safe construction site per BC 3301.1.1. Any party engaged in construction work that results in damage to an adjacent property or if an accident occurs shall immediately notify the Department.

Site Safety Regulations

  1. 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.

  2. For regulations related to party wall protection, see BC 3309.8.

  3. For regulations related to waterproof integrity, see BC 3309.9.

  4. For regulations related to monitoring, see BC 1704.20.7.1, BC 1814.3, BC 3301.7, BC 3309.4.4, BC 3309.6, BC 3309.16, and TPPN 10 of 1988.

  5. For regulations related to preconstruction reports and surveys, see BC 1814.1 and BC 3309.4.3.

  6. The permit holder is required to notify DOB prior to excavation per BC 3304.3.1.

  7. Notification to adjoining property owners per BC 3304.3.2 and BC 3309.1.1.

  8. Construction or demolition operations shall also be conducted in conformance with the New York City Fire Code (FC) per BC 3301.1.2.

  9. 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.

  10. Smoking on construction sites is illegal. BC 3303.7.3 and FC 1404.1.

  11. Tobacco, lighters and matches are prohibited on asbestos abatement sites per The New York City Administrative Code, Title 24 §24-139.

  12. Open fires are illegal on construction sites. FC 1404.3.

  13. Approved portable fire extinguishers must be available on floors where combustible materials or liquids are stored, combustible waste is being generated and at the entrance of each storage and construction shed. FC 1415.1.

  14. Temporary heating equipment used at construction sites must comply with FC 1403.

  15. If you have a Fire Department variance to use a coal-fired heater, you must minimize the fire load on concrete construction projects. BC 3303.6 and FC 307.2.2. To apply for a variance, contact FDNY’s Bureau of Fire Prevention at (718) 999 – 2377.

  16. Store materials away from flames per FC 308.2.

  17. When work involves relocation or modification of Sprinkler, Standpipes, Fire Protection Systems, etc., contractor must notify FDNY and obtain approval as required by BC 3303.7 and BC 3303.8.

  18. All shanties and contractor sheds shall be built from fire-retardant or non-combustible materials and shall be located in a safe area per BC 3303.1.3.

  19. 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.

  20. For on-site refueling of mechanical construction equipment, see BC 3320.3.2 and the NYC Fire Code.

  21. Mechanical construction equipment must be properly secured when not in use, per BC 3303.4.5.

Tenant/Occupant Protection Plan

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.

Temporary Construction Equipment

Alterations to 1- or 2- family dwellings may include excavations, demolition or construction that requires the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, material chutes, hoists, etc. This equipment is required to safely move materials associated with the project and protect workers and the public, per AC 28-105.8 and BC 3304, BC 3307, BC 3308,  BC 3314, etc.

*Note: Also, refer to Construction Project Guidelines for “Temporary Construction Equipment.”*

Additional Requirements for Registrant

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