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 28-418 requires General Contractors (GC) to register with the Department. 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 new construction or alteration 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. Home improvement work 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 GCs must also have safety endorsements from the Department 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 the department 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 permit processing ePermit system. A permit application must be completed online by the licensed/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
Request for waiver of penalties, stop work orders or violations (former L2 Form)
Licensee must have his/her license and insurance active and current
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. Furthermore, any party engaged in construction or demolition work that results in damage to an adjacent property or if an accident occurs, must notify the Department immediately.
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.
For regulations related to party wall protection, see BC 3309.8.
For regulations related to waterproof integrity, see BC 3309.9.
The permit holder is required to notify the Department prior to excavation per BC 3304.3.1.
Notification to adjoining property owners per BC 3304.3.2 and 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 NYC Building Code 3301.1.3.
Tobacco, lighters and matches are prohibited on asbestos abatement sites. See Local Law 35/09.
Open fires are illegal on construction sites. See NYC Fire Code 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. See NYC Fire Code 1415.1.
Temporary heating equipment used at construction sites must comply with NYC Fire Code 1403.
If you have a Fire Department variance to use a coal-fired heater, you must minimize the fire load on concrete construction projects. See BC 3303.6 and NYC Fire Code 307.2.2. To apply for a variance, contact FDNY’s Bureau of Fire Prevention at (718) 999 – 2377.
Store materials away from flames. See NYC Fire Code 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 per BC 3303.1.3.
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.
Construction documents for renovation 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 employed to safeguard the safety and health of the occupants with details such as temporary fire-rated assemblies, opening protectives, 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.
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.
Renovation projects such as excavation, demolition and façade repair require the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, material chutes, hoist, etc., required to safely move materials associated with the project, and required for the protection of workers and the public, per AC 28-105.8 and BC 3304, 3307, 3308, 3314, etc. Also, refer to Construction Project Guidelines for “Temporary Construction Equipment.” Special attention should be given to restrictions on signage attached to temporary construction equipment. Typically, advertising signage may not be placed upon temporary construction equipment, while the placement of lawful accessory signage is limited per BC 3301.10.
For balance of site safety requirements, see NYC Building Code Chapter 33.