The Department of Buildings published 1 RCNY 3301-02, expanding the role of construction superintendents at job sites, as well as increasing the types of sites where they’re required to be present. This is one of the first pieces of regulation to be rolled out following the DOB’s response to the February 2016 crane accident.

The law has been organized into two separate Phases, giving owners and managers time to comply with various components of the regulation.

Per the law, a construction superintendent is required for the following jobs:

• New building construction
• Full demolition of an existing building
• An alteration to an existing building that involves one of the following:
  • A vertical enlargement;
  • A horizontal enlargement;
  • The alteration of demolition of more than fifty percent (50%) of the floor area of the building during the course of work over any twelve (12) month period;
  • The removal of one (1) or more floors during the course of work over any twelve (12) month period;
  • Work that requires a special inspection for underpinning; or
  • Work that requires a special inspection for the protection of sides of excavations
• Other jobs that pose an enhanced risk to the public and property, as determined by the commissioner.

Exceptions (where a construction superintendent is not required):

• A job for which a site safety plan is required;
• The construction of a new 1-, 2-, or 3- family building; or
• A job for which the Department issued or renewed the primary alteration permit within three months of the effective date of this rule.

Note that while new construction for 1, 2, or 3 family homes does not require a construction superintendent, alterations of 1, 2, or 3 family homes do.

No individual may be designated as the primary construction superintendent on more than ten (10) jobs. Superintendents must be registered with the DOB, and must meet specific requirements to qualify for the role. In addition to the superintendent, a competent person must also be designated to be present at the site during active work, and assist in carrying out safety standards and correcting any issues.

As of May 30th, the superintendent is required to enter specific information into a log during each site visit. In addition to correcting unsafe conditions, they must report the same to the Department, along with any accidents or damage to the adjoining property.

Starting August 30th, primary construction superintendents must visit each job site daily if there is active work being done, with a few exceptions. Superintendents are also required at the above list of job sites at this time.

Starting August 30th, primary construction superintendents must visit each job site daily
if there is active work being done, with a few exceptions.

This DOB Service Notice outlines what’s specifically included in each Phase. If you have any open or upcoming applications with the DOB that fall under the above list, review this information with your construction company and discuss their compliance with the same. Being aware of how this impacts ongoing work across your portfolio will minimize risk of related violations and increased fines.