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 28-418 requiresall 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.*
To obtain a permit, the Registered Design Professional must submit an application to the Elevators Division, ELV-1: Elevator Application, which must include details of the equipment, manufacturer and model. Additionally, for installation in high-rise buildings, a Materials Handling Plan must be submitted to the Building Enforcement Safety Team (BEST). Submission must include an affidavit signed and sealed by the P.E./RA. Following a review and acceptance of the hoist installation application by the Department’s Elevator Unit, a registered Contractor – Hoist Company, can obtain a permit for the hoist.
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 Agency (SIA).
Request for waiver of penalties, stop work or violations (former L2 Form).
Licensee/Registrant must have their license/registration 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 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.
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.
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 Fire Department variance to use a coal-fired heater, you must minimize the fire load on concrete construction projects. NYC BC 3303.6 and NYC 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.
When work involves relocation or modification of sprinkler, standpipes, fire protection systems, etc., the Contractor must notify FDNY and obtain approval if required, per NYC Building Code 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 NYC Building Code §3303.1.3.
Construction documents for renovation/alteration in an occupied building during construction require a Tenant Protection Plan (TPP) containing 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 TPP 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 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 and conditions may apply – Any additional requirements to assure tenant safety during construction.*
For the balance of site safety requirements, see NYC Building Code Chapter 33.