Chapter 4 of the NYC General Administrative Provisions for Construction Codes (AC), 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 the General Contractor (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 requires all registrants to include their license number and business information on trucks, business cards and advertisements.
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 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.
*Note: While the Department issues licenses to Contractors qualified to perform construction work, renovations and alterations of 1-, 2-, 3-, and 4-family homes and individual apartment units also require a Home Improvement Contractors (HIC) license issued by the Department of Consumer Affairs. See OPPN 3 of 2005. Complete the LIC2 form.*
Temporary mechanical construction equipment may require multiple permits, such as a construction permit and/or an electrical permit issued to a NYC Licensed Master Electrician (LME). Permits for mechanical construction equipment work are only issued to a registered General Contractor who holds a current and active NYC General Contractor’s license. These permits are typically issued as part of another project application.
Licensed General Contractors must register first to use the Department’s online permit processing ePermit system. A construction permit application must be completed online by the Registered Contractor. Prior to issuing a permit for any 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 or violations (former L2 Form).
Proof of active and current registration, license and insurance.
*Note: The New York State Department of Motor Vehicles requires a Commercial Driver’s License (CDL) based on the weight of the mechanical construction equipment to be operated and may have additional restrictions on operators’ qualifications. Get additional information on Commercial Drivers’ License Classifications.*
Licensed General Contractors registered with the Department must have active and current insurance policies and must keep any registration, license and insurance policies current with the Department’s Licensing & Exams Unit, enabling the Contractor’s status to be automatically checked and displayed when a permit application is submitted. Get more information on insurance requirements*.
*Additional Project Specific Insurance may be required. See our Project Specific General Liability Insurance Tool.
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 must act in a reasonable and responsible manner to maintain a safe construction or demolition site per NYC Building Code BC 3301.1.1. Per BC 3301.8, 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 employees on a construction or demolition site, OSHA Standards shall apply, per BC 3301.1.
All exposed, electrically charged, moving or otherwise dangerous parts of machines and construction shall be located, guarded, shielded, or barricaded so as to protect the public, per NYC BC 3303.1.1.
Notification to adjoining property owners, per NYC BC 3309.1.1.
Construction and demolition operations shall be in conformance with the NYC Fire Code, per NYC BC 3301.1.2.
All equipment shall be used according to the manufacturers’ specifications and the requirements of the NYC BC. Where there is a discrepancy, the stricter requirement shall apply, per NYC BC 3301.1.3.
Temporary heating equipment used at construction sites must comply with NYC Fire Code FC 1403.
Open fires are illegal on construction sites, per NYC Fire Code FC 1404.3.
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, per NYC Fire Code FC 1415.1.
Store materials away from flames, per NYC Fire Code FC 308.2.
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, 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.
If the building undergoing construction contains at least one occupied dwelling unit, the elements of the TPP may vary depending on the nature and scope of the work but at a minimum shall make detailed and specific provisions for the following:
Compliance with Housing Standards
Renovation projects such as excavation, demolition and façade repair can require the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, material chutes, hoist, etc. This equipment is required to safely move materials associated with the project to protect workers and the public, per AC Section 28-105.8 and BC Chapter 33. The placement of lawful accessory signage is limited per BC 3301.10.
For the balance of site safety requirements, see NYC BC Chapter 33.