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 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 28-418requiresall 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.*
Licensed contractors must register first to use the Department’s online permit processing E-Permit system. A permit application must be completed online by the licensed or registered contractor for the issuance of a scaffold 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 or violations (former L2 Form).
Licensee must have his 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. Property Owners, Contractors and construction Site Managers must minimize the risk of accidents and fire.
For regulations related to the safety of employees on a construction or demolition site, OSHA Standards shall apply, per BC 3301.1.
Open fires are illegal on construction sites. NYC Fire Code §1404.3.
Approved portable fire extinguishers must be available on floors where combustible materials or liquids are stored, where combustible waste is being generated and at the entrance of each storage and construction shed, per NYC Fire Code §1415.1.
Temporary heating equipment used at construction sites must comply with NYC FC 1403.
If you have a NYC Fire Department variance to use a coal-fired heater, you must minimize the fire load on concrete construction projects. NYC Building Code BC 3303.6 and NYC Fire Code FC 307.2.2. To apply for a variance, contact FDNY’s Bureau of Fire Prevention at (718) 999 – 2377.
Store materials away from flames, per NYC Fire Code §308.2.
For regulations related to waterproof integrity, per BC 3309.9.
Tobacco, lighters and matches are prohibited on asbestos abatement sites, per the New York City Administrative Code, Title 24 §24-139 and BC 3303.7.3.
All equipment shall be used according to the manufacturers’ specifications and the requirements of the NYC Building Code. Where there is a discrepancy, the stricter requirement shall apply, per BC 3301.1.3.
All shanties and contractor sheds shall be built from fire-retardant or non-combustible materials and shall be located in safe area, per NYC Building Code BC 3303.1.3.
Construction documents for temporary construction equipment projects 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 (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 Section 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
*Note: Other requirements & conditions may apply – Any additional requirements to assure tenant safety during construction.*
Certain construction projects, including demolition, façade repair and antenna work may require the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, construction chutes, hoist, etc. This equipment is required to safely move materials associated with the project and protect workers and the public, per article AC 28-105.8 and BC Chapter 33. Also, refer to Construction Project Guidelines for Temporary Construction Equipment.
Fence: BC 3307.7
Safety Netting: BC 3308.3, BC 3308.5 and BC 3308.6
Chutes: BC 3303 and BC 3306