NYC Safeguards During Construction Or demolition

The provisions of this chapter shall govern the conduct of all construction or demolition operations with regard to the safety of the public and property. For regulations relating to the safety of persons employed in construction or demolition operations, OSHA standards shall apply.

Nothing in this chapter shall be construed to relieve persons engaged in construction or demolition operations from complying with other applicable provisions of law, nor is it intended to alter or diminish any obligation otherwise imposed by law on any party 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, including but not limited to debris removal, and to act in a reasonable and responsible manner to maintain a safe construction or demolition site.

In addition to the requirements of this chapter, construction or demolition operations shall also be conducted in conformance with the New York City Fire Code.

All equipment shall be used in accordance with the specifications of the manufacturer, where such specifications exist, and the requirements of this code. Where there is a discrepancy, the stricter requirement shall apply.

Contractors, construction managers, and subcontractors engaged in construction or demolition operations shall institute and maintain all safety measures required by this chapter and provide all equipment or temporary construction necessary to safeguard the public and property affected by such contractor's operations.

A site safety manager or site safety coordinator must be designated and present at the construction or demolition of a major building in accordance with Section 3310. A superintendent of construction is required for the construction or demolition of such other buildings as identified in Section 3301.13.3.

Structures, temporary construction, operations, and equipment shall be inspected as required by this code. Where this code does not provide for specific inspection criteria, any equipment, except hand tools, that would affect the safety of the public and property when operated shall be inspected by a competent person designated by the contractor using the equipment before the equipment is used at the site and on a periodic basis thereafter throughout the duration of the job. A record of such inspections shall be kept at the site.

Any structure, temporary construction, operation, or equipment found to be defective or unsafe, and posing a risk to the public and property, shall be immediately secured and corrected, or removed from the site.

Design, sizes, and capacities of materials, structures, temporary construction, and equipment shall be in accordance with the requirements of Sections 3301.6.1 through 3301.6.3.

Whenever design is specifically required by the provisions of this chapter, such design shall be in accordance with the requirements of this code and executed by, or under, the supervision of a registered design professional who shall cause his or her seal and signature to be affixed to such documents that may be required for the work.

Exception: Where this chapter specifically indicates that the design may be executed by another individual.

All sizes and dimensions prescribed in this chapter are minimum requirements. Lumber sizes are nominal or commercial except where stated otherwise.

No structure, temporary construction, or equipment shall be loaded in excess of its capacity as specified by the code, manufacturer, and/or designer. Where there is a discrepancy, the stricter standard shall apply.

Where this chapter requires construction documents, drawings, inspection reports, logs, checklists, site safety plans, fire safety and evacuation plans, tenant protection plans, occupant protection plans, or monitoring plans, copies of such shall be maintained at the site for the duration of the job and made available to the commissioner upon request. Copies of such aforementioned construction documents or drawings shall also be maintained by the permit holder and the designer. Copies of such aforementioned inspection reports, logs, or checklists shall also be maintained by the permit holder and the entity that performed the inspection. Copies of such aforementioned plans shall also be kept by the permit holder and the entity that developed the plan.

Exception: Where this chapter requires inspection reports, logs, checklists, site safety plans, fire safety and evacuation plans, tenant protection plans, occupant protection plans, or monitoring plans to be maintained by a specified entity other than the permit holder, such reports, logs, checklists, or plans shall be maintained by such specified entity.

The department shall be notified immediately by the permit holder, or a duly authorized representative, of an accident at a construction or demolition site, or of any damage to adjoining property caused by construction or demolition activity at the site.

Following an accident, no person shall permit any of the following without the permission of the commissioner, or without a lawful order from the New York City Police or Fire Department:

   1.   Use or operation of any equipment or structure damaged or involved in the accident; or

   2.   Removal or alteration of any equipment, structure, material, or evidence related to the accident.

Exception: Immediate emergency procedures taken to secure structures, temporary construction, operations, or equipment that pose a continued imminent danger or to facilitate assistance for persons who are trapped or who have sustained bodily injury.

Signs shall be posted at a construction or demolition site in accordance with Sections 3301.9.1 through 3301.9.5.

Where a site is enclosed with a fence in accordance with Section 3307.7, a project information panel meeting the requirements of Sections 3301.9.1.1 through 3301.9.1.6 shall be posted. Required project information panels shall be in place throughout the duration that the fence remains at the site.

   1.   At a site where the project permit was issued or renewed prior to June 1, 2013, signs meeting the requirement of Section 3301.9.3 may be posted in lieu of a project information panel. Such signs shall be removed and a project information panel in accordance with the requirements of this section installed upon date of the first permit renewal on or after June 1, 2013.

   2.   Project information panels at government-owned sites may be modified by department rule.

   3.   Signs posted at construction or demolition sites for one-, two- or three-family dwellings may comply with Section 3301.9.3 in lieu of this section.

Project information panels shall contain the following information:

   1.   A rendering, elevation drawing, or zoning diagram of the building exterior that does not contain logos or commercially recognizable symbols;

   2.   A title line stating "Work in Progress:" and specifying the intended type(s) of zoning use(s) (e.g. Residential, Commercial, Manufacturing, Retail, Office, Hospital, School);

   3.   Anticipated project completion date;

   4.   The corporate name, address, and telephone number of the owner of the property;

   5.   Website address or phone number to contact for project information;

   6.   The corporate name and telephone number of the general contractor, or for a demolition site, the demolition contractor;

   7.   The statement, in both English and Spanish, "TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS WORK SITE, CALL 311."; and

   8.   A copy of the primary project permit, with accompanying text "To see other permits issued on this property, visit: www.nyc.gov/buildings." The permit shall be laminated or encased in a plastic covering to protect it from the elements or shall be printed directly onto the project information panel.

Exception: A rendering, elevation drawing, or zoning diagram of the building exterior is not required for demolition projects.

A project information panel shall be posted on the fence on each perimeter fronting a public thoroughfare. Where such perimeter is more than 150 feet in length, a project information panel shall be posted at each corner. Such panels shall be posted on the fence at a height of 4 feet (1219 mm) above the ground, with such distance measured from the ground to the bottom edge of the panel.

Project information panels shall be constructed out of a durable and weatherproof material such as vinyl, plastic, or aluminum, and such material shall be flame retardant in accordance with NFPA 701 or listed under UL 214.

Project information panels shall be 6 feet (1829 mm) wide and 4 feet (1219 mm) high, with the content required by Section 3301.9.1.1 arranged in accordance with Figures 3301.9.1.4(1) and 3301.9.1.4(2). The content required by Section 3301.9.1.1, items number 2 through 7 shall be written in the Calibri font or similar sans serif font style, with letters a minimum of 1 inch (25mm) high, as measured by the upper case character. Such letters shall be white, on a blue background, with such blue color of a shade matching Pantone 296M, RGB 15, 43, 84, or CMYK 100, 88, 38, 35.

   1.   The dimensions for a project information panel posted in conjunction with a demolition project shall be 2 feet 4 inches (711 mm) wide and 4 feet (1219 mm) high, in accordance with Figure 3301.9.1.4(1).

   2.   For construction sites with a street frontage less than 60 feet (18 288 mm), the dimensions for a project information panel, other than that posted in conjunction with a demolition project, shall be 55 inches (1397 mm) wide and 36.5 inches (927 mm) high, in accordance with Figure 3301.9.1.4(3).

When content required by Section 3301.9.1.1 changes, the project information panel shall be updated.

Project information panels shall be maintained so that the panel remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards. Content required by Section 3301.9.1.1 shall not be obscured by panel attachments, including but not limited to grommets or grommet holes.

Where a sidewalk shed is installed, a sidewalk shed parapet panel meeting the requirements of Sections 3301.9.2.1 through 3301.9.2.6 shall be posted. Required sidewalk shed parapet panels shall be in place throughout the duration that the sidewalk shed remains at the site.

   1.   At a site where the sidewalk shed permit was issued or renewed prior to July 1, 2013, signs meeting the requirement of Section 3301.9.4 may be posted in lieu of a sidewalk shed parapet panel. Such signs shall be removed and a sidewalk shed parapet panel in accordance with the requirements of this section installed upon date of the first permit renewal on or after July 1, 2013.

   2.   Signs posted at construction or demolition sites for one-, two- or three-family dwellings may comply with Section 3301.9.4 in lieu of this section.

Sidewalk shed parapet panels shall comply with the requirements of either section 3301.9.2.1.1 or 3301.9.2.1.2, as applicable:

Sidewalk shed parapet panels not included in a best construction site management program shall contain the following information and be arranged in accordance with Figure 3301.9.2.1(1):

   1.   The street, address of the site;

   2.   Name (which may incorporate a logo) of the contractor responsible for the site or where there is no contractor, the name (which may incorporate a logo) of the owner of the site; and

   3.   The statement "For more information, visit www.nyc.gov/buildings."

In addition to the requirements of section 3301.9.2.1.1, for a site maintained in accordance with a best construction site management program accepted by the commissioner as set forth in Section 3301.9.2.7, either the name or logo of such program, with the department's program acceptance logo, may be placed on the sidewalk shed parapet panel in accordance with Figure 3301.9.2.1(2).

Sidewalk shed parapet panels shall be posted on the parapet that runs along the long axis of the sidewalk shed. Such sign:

   1.   Shall not be posted above or below the level of the parapet; and

   2.   Shall be posted at least 3 feet (914 mm) and no more than 6 feet (1828 mm) from the left edge of the sidewalk shed parapet, as viewed from the perspective of an individual on the sidewalk opposite the long axis of the sidewalk shed and facing the sidewalk shed; or

   3.   Where a project information panel in accordance with Section 3301.9.1 is posted on the fence, the horizontal center of the sidewalk shed parapet panel shall be in line with a vertical plane drawn through the horizontal center of the project information panel and the sidewalk shed parapet panel shall be posted in accordance with Figure 3301.9.2.2.

Sidewalk shed parapet panels shall be constructed out of a durable and weatherproof material such as vinyl, plastic, or aluminum, and such material shall be flame retardant in accordance with NFPA 701 or listed under UL 214.

Sidewalk shed parapet panels shall be 3 feet (914 mm) high and 6 feet (1829 mm) wide, with the content required by Section 3301.9.2.1 arranged in accordance with Figures 3301.9.2.1(1) and 3301.9.2.1(2). The sign shall have a white background. The content required by item number 1 of Section 3301.9.2.1.1 must be written in Calibri font or similar sans serif font style, and such letters shall be blue, with such blue color a shade matching Pantone 296M, RGB 15, 43, 84, or CMYK 100, 88, 38, 35.

When content required by Section 3301.9.2.1 changes, the sidewalk shed parapet panel shall be updated.

Sidewalk shed parapet panels shall be maintained so that the panel remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards. Content required by Section 3301.9.2.1 shall not be obscured by sign attachments, including but not limited to grommets or grommet holes.

The department shall have the authority to create standards established by rule for the acceptance of a program that ensures best construction site management practices, and to set forth the basis and process for removal of such acceptance and for the removal of the program's name and logo from the sidewalk shed parapet panel located at a particular site.

Where a site is enclosed with a fence in accordance with Section 3307.7, and a project information panel is not required in accordance with Section 3301.9.1, a sign or signs meeting the requirements of Sections 3301.9.3.1 through 3301.9.3.3 shall be posted. Required signs shall be in place throughout the duration that the fence remains at the site.

One or more signs needed to accommodate the following information shall be posted on the fence on each perimeter fronting a public thoroughfare at a height of no more than 12 feet (3658 mm) above the ground, with such distance measured from the ground to the top of the sign;

   1.   The name, address, and telephone number of the owner of the property;

   2.   The name, address, and telephone number of the general contractor, or for a demolition site, the demolition contractor; and

   3.   The statement, in both English and Spanish, "TO ANONYMOUSLY REPORT UNSAFE CONDITIONS AT THIS WORK SITE THAT ENDANGER WORKERS, CALL 311."

Project signs shall be maintained so that the panel remains legible, securely attached, and free of sharp edges, protruding nails, or similar hazards.

Project signs shall be constructed of 3/4 inch (19 mm) plywood or material of equivalent strength, durability and weatherproofing, including but not limited to sheet metal, aluminum, vinyl, or plastic. The letters on such panels shall be black on a white background. Such panels shall be no larger than that needed to accommodate the information required by Section 3301.9.3.1 in letters no less than 3 inches (76 mm) high.

Where a sidewalk shed is installed, and a sidewalk shed parapet panel is not required in accordance with Section 3301.9.2, a sign readily visible from the street shall be posted on the parapet that runs along the long axis of the sidewalk shed. Such sidewalk shed sign shall be in place throughout the duration that the sidewalk shed remains at the site. Such sidewalk shed sign shall include:

   1.   The corporate name, address, and telephone number of the sidewalk shed permit holder;

   2.   The sidewalk shed permit number; and

   3.   The expiration date of the sidewalk shed permit.

Signs required by law to be displayed at a construction or demolition site shall be posted within the site, readily visible to workers, and shall not be posted in any location readily visible to the public unless otherwise required by law.

When a protective structure is constructed in accordance with Section 3307, a temporary sign may be posted on such protective structure when the structure is adjacent to any building and obscures from view a lawful and existing sign. The temporary sign shall comply with the following requirements:

   1.   The temporary sign shall be securely fastened to the face of the protective structure at a location directly in front of such business storefront;

   2.   No projecting temporary signs shall be permitted, and all temporary signs shall be limited to a maximum height of 4 feet (1219 mm), and when affixed to a sidewalk shed shall not project above the parapet;

   3.   No temporary signs shall be permitted on the ends of any protective structure, unless the lawful and existing sign would otherwise be obscured from view by a deck or parapet of a sidewalk shed or bridge; and

   4.   No temporary sign shall project below the deck of any sidewalk shed.

Each permit holder at a site that requires a site safety manager, site safety coordinator, or construction superintendent shall ensure tat each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder receives a site safety orientation and refresher in accordance with the requirements of Sections 3301.11.1 through 3301.11.5.

(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)

Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety orientation before such worker commences any construction or demolition work at such site.

(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)

Each worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder shall receive a site safety refresher if such worker (i) has performed construction or demolition work at such site for one year or more and (ii) one year or more has elapsed since such worker received a site safety orientation or refresher with respect to such site.

(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)

Site safety orientations and refreshers required by this section shall be conducted by a qualified person designated by the permit holder. Such qualified person shall have the ability to communicate with each worker who takes part in such orientation or refresher.

(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)

Site safety orientations and refreshers required by this section shall include a review of safety procedures at such site and any hazardous activities to be performed at such site. In addition, information pertaining to the site safety training required by Section 3321 shall be made available to each worker in the designated citywide languages, as such term is defined in Section 23-1101 of the Administrative Code, and any other language as may be required by rule of the department, in a form and manner established by the department.

(L.L. 2017/206, 11/17/2017, eff. 5/16/2018; Am. L.L. 2020/010, 12/27/2019, eff. 1/26/2020)

A record of all orientations conducted for the site shall be maintained by the permit holder and kept at the site. Such record shall include for each such orientation or refresher:

   1.   The date and time of such orientation or refresher;

   2.   The name, title and company affiliations of each worker who participated; and

   3.   The name, title and company affiliation of the qualified person who conducted such orientation or refresher, along with such person’s signature.

(L.L. 2017/206, 11/17/2017, eff. 5/16/2018)

Each permit holder at a site that requires a site safety manager, site safety coordinator, or construction superintendent shall ensure that each construction or demolition worker employed or otherwise engaged at such site by the permit holder or performing subcontracted work for or on behalf of such permit holder takes part in a safety meeting at the beginning of such worker’s shift, but before such worker commences any construction or demolition work in such shift, in accordance with the requirements of Sections 3301.12.1 through 3301.12.3.

Exception: Where other sections of this code or rules promulgated thereunder specify pre-task or pre-shift meetings for specific types of work, those requirements shall instead apply.

(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)

Pre-shift safety meetings shall be conducted at the beginning of each worker’s shift, but before such worker commences any construction or demolition work in such shift, by a competent person designated by the permit holder, or where so authorized by the permit holder, by a competent person designated by the subcontractor. Such competent person shall have the ability to communicate with each worker who takes part in such meeting.

(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)

The pre-shift safety meeting shall include a review of activities and tasks to be performed during the shift, including specific safety concerns or risks associated with fulfilling such work.

(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)

The permit holder shall maintain, for each worker, a record of one pre-shift safety meeting per week. Such record shall include for each such meeting:

   1.   The date and time of each such meeting;

   2.   The name, title and company affiliation of each worker who participated; and

   3.   The name, title and company affiliation of the competent person who conducted such meeting, along with such person’s signature.

(L.L. 2017/204, 11/17/2017, eff. 5/16/2018)

This section sets forth requirements for construction superintendents at certain construction or demolition sites.

For jobs that require the designation of a primary construction superintendent pursuant to Section 3301.13.3, a site safety plan that meets the applicable requirements of Article 110 of Chapter 1 of Title 28 of the Administrative Code shall be kept on site and made available to the department upon request.

For the purposes of this section, the following terms shall have the following meanings:

Approved documents. For the purpose of this section, approved documents include construction documents as defined by this code, and any and all documents that set forth the location and entire nature and extent of the work proposed with sufficient clarity and detail to show that the proposed work conforms to the provisions of this code and other applicable laws and rules. In addition to construction documents, such documents include, but are not limited to, shop drawings, specifications, manufacturer’s instructions and standards that have been accepted by the design professional of record or such other design professional retained by the owner for this purpose.

Construction superintendent. An individual registered with the department and responsible for all duties as defined in this section.

Job. A design and construction/demolition undertaking consisting of work at one building or structure, as well as related site improvements and work on accessory structures. A job may consist of one or more plan/work applications, and may result in the issuance of one or more permits.

Permit holder. The individual who receives the primary department-issued permit for the job.

The permit holder shall designate a primary construction superintendent, prior to the commencement of work, in a form and manner acceptable to the department, for the following types of jobs:

   1.   The construction of a new building;

   2.   The full demolition of an existing building;

   3.   An alteration to an existing building that involves one or more of the following:

      3.1   A vertical enlargement;

      3.2   A horizontal enlargement;

      3.3   The alteration or demolition of more than 50 percent of the floor area of the building during the course of work over any 12 month period;

      3.4   The removal of one or more floors during the course of work over any 12 month period;

      3.5   Work that requires a special inspection for underpinning; or

      3.6   Work that requires a special inspection for the protection of sides of excavations; or

   4.   Other jobs that pose an enhanced risk to the public and property, as determined by the commissioner.

Exceptions: Notwithstanding the above, a construction superintendent is not required for:

   1.   Work listed in Section 3310.1, for which a site safety manager or coordinator must be designated.

   2.   Work which solely involves the construction of a new 1-, 2-, or 3-family building.

The permit holder must immediately notify the department, in a form and manner acceptable to the department, of any permanent change to the primary construction superintendent.

In the event the primary construction superintendent is temporarily unable to perform their duties, an alternate construction superintendent, designated by the permit holder and acceptable to and acting on behalf of the primary construction superintendent, must fulfill the duties of the primary construction superintendent. In the event that an alternate construction superintendent will be acting in place of the primary construction superintendent for a period longer than two consecutive weeks, the permit holder must notify the department, in a form and manner acceptable to the department, of such change.

An individual may only be designated as a primary or alternate construction superintendent for that number of jobs for which he or she can adequately perform all required duties. No individual may be designated as the primary construction superintendent on more than ten jobs.

The duties of a construction superintendent shall include:

   1.   Acting in a reasonable and responsible manner to maintain a safe job site and assure compliance with this chapter and any rules promulgated thereunder at each job site for which the construction superintendent is responsible;

   2.   To the extent that a registered design professional or special inspection agency is not responsible, the construction superintendent must assure compliance with the approved documents at each job site for which the construction superintendent is responsible;

   3.   Fulfilling the duties of a superintendent of construction assigned by Chapter 1 of Title 28 of the Administrative Code at each job site for which the construction superintendent is responsible; and

   4.   Visiting each job site for which the construction superintendent is responsible each day when active work is occurring.

Exception: The construction superintendent is not required to be present at the site during the following activities, provided no other work is in progress:

   1.   Surveying that does not involve the disturbance of material, structure, or earth;

   2.   Use of a hoist to transport personnel only;

   3.   Use of a material hoist that is fully enclosed within the perimeter of the building;

   4.   Finish trowelling of concrete floors;

   5.   When personnel are provided for temporary heat, light, or water; or

   6.   Truck deliveries to the site where the sidewalk is closed and the entrance gate is within that closed sidewalk area.

Each time the construction superintendent visits a job site for which he or she is responsible, the construction superintendent must inspect all areas and floors where construction or demolition work, and ancillary activity, is occurring, and:

   1.   Verify work is being conducted in accordance with sound construction/demolition practices;

   2.   Verify compliance with the approved documents; and

   3.   Verify compliance with this section and any rules promulgated thereunder.

In the event the construction superintendent discovers work at a job site for which he or she is responsible that is not being conducted in accordance with sound construction/demolition practices, not in compliance with approved documents, or not in compliance with this section and any rules promulgated thereunder, the construction superintendent must immediately notify the person or persons responsible for creating the unsafe condition, order the person or persons to correct the unsafe condition, and take all appropriate action to ensure the unsafe condition is corrected. Where an unsafe condition relates to an item which a registered design professional or special inspection agency is responsible for implementing or verifying, the construction superintendent must also notify the responsible registered design professional or special inspection agency of the unsafe condition. All such unsafe conditions, notices, orders, and corrective work must be recorded in the log required by Section 3301.13.13.

The construction superintendent must immediately notify the department, in a form and manner acceptable to the department, when he or she discovers, at any job site for which the construction superintendent is responsible, any of the conditions listed in Section 3310.8.2.1. Notification to the department does not relieve the construction superintendent of their obligations under Section 3301.13.9.

The construction superintendent must immediately notify the department, in a form and manner acceptable to the department, of any accident at any job site for which the construction superintendent is responsible, or any damage to adjoining property caused by construction or demolition activity at the job site.

The construction superintendent must designate a competent person for each job site for which the construction superintendent is responsible and ensure such competent person is present at the designated job site at all times active work occurs. The designation of a competent person does not alter or diminish any obligation imposed upon the construction superintendent. The competent person must carry out orders issued by the construction superintendent; be able to identify unsanitary, hazardous or dangerous conditions; take prompt corrective measures to eliminate such conditions; immediately report to the construction superintendent accidents at the job site or any damage to adjoining property caused by construction or demolition activity at the job site; and be able to effectively communicate workplace instructions and safety directions to all workers at the site.

The construction superintendent must maintain a log at each job site for which the construction superintendent is responsible. Such log must be made available to the commissioner upon request. The construction superintendent must complete such log prior to departing the job site and shall sign and date each day’s log entry. Such log must be organized and recorded in a form and manner acceptable to the department. Such log must contain, at a minimum, the following information:

   1.   The presence of the construction superintendent at the job site as evidenced by their printed name and signature and a notation indicating the times of arrival at, and departure from the site, which must be recorded immediately after arriving at the site and immediately prior to leaving the site, respectively;

   2.   The general progress of work at the site, including a summary of that day's work activity;

   3.   The construction superintendent's activities at the site, including areas and floors inspected;

   4.   Any unsafe condition(s) observed pursuant to Section 3301.13.9, and the time and location of such unsafe condition(s);

   5.   Orders and notice given by the construction superintendent pursuant to Section 3301.13.9, including the names of individuals issued orders or notices, any refusals to comply with orders or respond to notices given, follow up action taken by the construction superintendent, and where the condition giving rise to the order or notice is corrected, the nature of the correction;

   6.   Any violations, stop work orders, or summonses issued by the department, including date issued and date listed or dismissed;

   7.   Any accidents; and

   8.   The name of the competent person designated in accordance with Section 3301.13.12, along with an accompanying signature of the competent person. If the construction superintendent assigns a new competent person, the date and time of this change, along with the name of the new competent person, must be recorded, accompanied by the signature of the new competent person. If the construction superintendent is not at the site when this occurs, the new competent person must instead make the log entry, which the construction superintendent must sign and date upon his or her next visit to the job site.

Construction superintendents are subject to the provisions of Section 28-401.19 of the Administrative Code.

Construction superintendents must comply with the provisions of Section 28-401.20 of the Administrative Code.

Nothing in this rule is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the owner, permit holder, construction manager, general contractor, contractor, materialman, architect, engineer, land surveyor, or other party involved in a construction project to engage in sound engineering, design, and construction practices, and to act in a reasonable and responsible manner to maintain a safe job site.

Construction superintendents shall register with the department, in a form and manner acceptable to the department, and shall meet any qualifications set forth in rules by the department.

(Am. L.L. 2017/081, 5/10/2017, eff. 11/6/2017; Am. L.L. 2017/204, 11/17/2017, eff. 5/16/2018; Am. L.L. 2017/206, 11/17/2017, eff. 5/16/2018)

The following words and terms shall, for the purposes of this chapter, have the following meanings.

100-HOUR TRAINING PROGRAM. A program that (i) includes 100 or more hours of training in technical subjects relating to a construction trade, including an apprenticeship program registered with the New York State Department of Labor, (ii) is approved by OSHA, the United States Department of Labor, the New York State Department of Education or the New York State Department of Labor and (iii) provides training that the department determines is equivalent to or exceeds the training required to comply with Section 3321.

ACCIDENT. An occurrence directly caused by construction or demolition activity or site conditions that result in one or more of the following:

   1.   A fatality to a member of the public, or

   2.   Any type of injury to a member of the public; or

   3.   A fatality to a worker; or

   4.   An injury to a worker that requires transport by emergency medical services or requires immediate emergency care at a hospital or offsite medical clinic; or

   5.   Any complete or partial structural collapse or material failure; or

   6.   Any complete or partial collapse or failure of pedestrian protection, scaffolding, hoisting equipment, or material handling equipment; or

   7.   Any material fall exterior to the building or structure.

ACTIVELY PROCTORED ONLINE TRAINING. Online training that satisfies each of the following conditions:

   1.   The person responsible for conducting such training confirms the identification of the person taking such training in a manner established by the department.

   2.   While such training is being conducted, the site of such training is actively observed by or on behalf of the person responsible for conducting such training.

   3.   Such training complies with any other requirements the department establishes by rule.

ADJUSTMENT (SCAFFOLD). The calibration or modification of a scaffold, including any part or component, that does not meet the definition of installation, removal, repair, maintenance, or use, and does not constitute normal use or operation of the scaffold.

ALTERATION. See Section 28-101.5 of the Administrative Code.

ARCHITECT. See Section 28-101.5 of the Administrative Code.

ARTICULATING BOOM CRANE. A power operated machine for lifting or lowering a load and moving it horizontally that utilizes a boom consisting of a series of folding pin connected structural members, typically manipulated to extend or retract by power from hydraulic cylinders, with or without a hoisting mechanism integral to the machine.

AXIS OF ROTATION. The vertical axis around which the crane superstructure rotates.

AXLE. The shaft or spindle with which or about which a wheel rotates. On truck and wheel mounted cranes it refers to an automotive type of axle assembly including housing, gearing, differential, bearings and mounting appurtenances.

BASE (MOUNTING). The base or carrier on which the rotating superstructure is mounted such as a truck, crawler or platform.

BEARER (PUTLOG). A horizontal transverse scaffold member (which may be supported by legs or runners) upon which the scaffold platform rests and joins scaffold uprights, posts, poles, and similar members.

BOOM. A section or strut, of which the heel (lower end) is affixed to a base, carriage or support, and whose upper end supports a cable and sheaves where the load is lifted by means of wire rope and a hook.

BOOM POINT. The outward end of the top section of the boom, containing the hoist sheave assembly.

BRAKE. A device used for retarding or stopping motion by friction or power means.

BUCKET HOIST. A power or manually operated suspended bucket contained by guide rails used for raising or lowering material exclusively and controlled from a point outside the conveyance.

CABLEWAY. A power operated system for moving loads in a generally horizontal direction in which the loads are conveyed on an overhead cable, track or carriage.

CERTIFICATE OF APPROVAL. A certificate issued by the department upon review and approval of the engineering and testing of a specific make and model of hoisting equipment to ensure compliance with the applicable provisions of this code and its referenced standards

CERTIFICATE OF OPERATION. A certificate issued by the department annually upon satisfactory inspection of the hoisting equipment holding a certificate of approval to ensure that the equipment continues to be in compliance with this code and its referenced standards.

CERTIFICATE OF ON-SITE INSPECTION. A certificate issued by the department based on a site specific approval of the placement, founding and operation of hoisting equipment.

CLAMSHELL. A shovel bucket with two jaws which clamp together by their own weight when it is lifted by a closing line.

CLIMBING/JUMPING. The raising or lowering of a tower or climber crane to different floors or levels of a building or structure.

COMMERCIAL TRUCK MOUNTED CRANE (BOOM TRUCK). A crane consisting of a rotating superstructure (center post or turntable), boom, operating machinery, and one or more operator's stations mounted on a frame attached to a commercial truck chassis, usually retaining a payload hauling capability whose power source usually powers the crane. Its function is to lift, lower, and swing loads at various radii.

COMPETENT PERSON. One who is capable of identifying existing predictable hazards in the surroundings or conditions that are unsanitary, hazardous or dangerous, and who has authorization to take prompt corrective measures to eliminate such hazards.

CONCRETE WASHOUT WATER. Wastewater from the rinsing of equipment used to mix, transport, convey, and/or place concrete. Such equipment shall include, but not be limited to, concrete buckets, concrete hose lines and pumps, boots, shovels, finishing tools, wheelbarrows, motorized concrete carts, concrete pour funnels and the chute of concrete mixer trucks.

   1.   This term shall not include wastewater from the rinsing of equipment involved in the preparation, conveyance or application of concrete that is 1.1 mixed on site if the total quantity of concrete is less than or equal to one and one half cubic yards, or 1.2 from bagged ready mix if the total quantity of concrete is less than or equal to sixty (60) eighty pound bags, or eighty (80) sixty pound bags, or the equivalent.

   2.   This term shall not include wastewater from the rinsing of the wheels, undercarriage or chassis of concrete mixer trucks.

CONSTRUCTION. The excavation, erection, alteration, and repair of buildings or any component parts, including all operations incidental thereto.

CORNER SCAFFOLD (ANGLE SCAFFOLD). A suspended scaffold consisting of an assembly of two or more platforms connected non-lineraly and designed and manufactured to fit around a corner or a projecting part of a building.

COUNTERWEIGHT. Weight used to supplement the weight of the machine in providing stability for lifting loads.

CRANE. A power operated machine for lifting or lowering a load and moving it horizontally which utilizes wire rope and in which the hoisting mechanism is an integral part of the machine. The definition of a crane shall also include articulating boom crane, regardless of whether it has a hoisting mechanism integral to the machine.

CRAWLER CRANE. A crane consisting of a rotating superstructure with a power plant, operating machinery, and boom, mounted on a base and equipped with crawler treads for travel. Its function is to lift, lower, and swing loads at various radii.

CRITICAL PICK. The attachment and detachment of loads from the hook of hoisting equipment used to hoist or lower loads on the outside of a building that involves one or more of the following:

   1.   An article that is at or above 95% of approved rated capacity of the hoisting equipment or rigging equipment;

   2.   An article that is asymmetrical and is not provided with standard rigging ears;

   3.   An article that has a wind sail area exceeding 500 square feet;

   4.   A pick that may present an added risk because of clearance, drift, or other interference;

   5.   An article that that is fragile or of thin shell construction and is not provided with standard rigging ears;

   6.   A pick that requires multiple power operated hoisting equipment (tandem pick); or

   7.   A pick that requires out of the ordinary rigging equipment, methods, or setup.

DEBRIS. Rubbish, waste, discarded material, or the remains of something broken down, demolished, or destroyed.

DEBRIS NET or NETTING. A netting of a fine mesh of a size and strength sufficient to catch debris such as falling tools and materials.

DEMOLITION. Full or partial demolition.

Full demolition. The dismantling, razing, or removal of all of a building or structure, including all operations incidental thereto.

Partial demolition. The dismantling, razing, or removal of structural members, floors, interior bearing walls, and/or exterior walls or portions thereof, including all operations incidental thereto.

DERRICK. An apparatus consisting of a mast or equivalent member held at the end by guys or braces, with or without a boom, for use with a hoisting mechanism and operating ropes, for lifting or lowering a load and moving it horizontally.

DEWATERING. The removal of surface or ground water from a site by pumping or evaporation.

DIRECT AND CONTINUING SUPERVISION. See Section 28-401.3 of the Administrative Code.

DIRECT EMPLOY. See Section 28-401.3 of the Administrative Code.

DISMANTLING. The final process of taking apart, piece by piece, in a specific sequence, the components of a crane. Dismantling shall include climbing and jumping.

DRUM. The cylindrical member around which a rope is wound for raising and lowering the load or boom.

ENGINEER. See Section 28-101.5 of the Administrative Code.

EQUIPMENT. Implements used to facilitate construction or demolition work.

ERECTION. The assembly and placement of crane sections and components into place, including all operations incidental thereto. Erection shall include climbing and jumping.

EXCAVATION. The removal of earth from its natural position; except for any incidental removal that occurs during the course of auguring, drilling, vibrating, or driving.

GUARDRAIL SYSTEM (SCAFFOLD). A vertical barrier as described in Section 3314.8 consisting of, but not limited to, toprails, midrails and posts, erected to prevent falling from a scaffold platform or walkway to lower levels.

GUY. A rope used to steady or secure the mast or other members in the desired position.

HANDHELD DEVICE (DEMOLITION). Equipment, mechanical or non-mechanical, utilized to physically demolish a building or structure, or elements of a building or structure, that is held, lifted, moved, and operated by a single person. A handheld device shall also include any item accessory to such equipment, including but not limited to a compressor, regardless of if such accessory item is held, lifted, moved, and operated by a single person. A handheld device does not include remote controlled equipment.

HEAVY DUTY SCAFFOLD. A supported scaffold capable of supporting loads of up to 75 pounds per square foot (366.15 kg/m2), and not more than those imposed by workers and heavy material, including but not limited to stone.

HEAVY DUTY SIDEWALK SHED. A sidewalk shed designed to carry a live load of at least 300 pounds per square foot (1465 kg/m2).

HISTORIC STRUCTURE. A building or structure which is a designated New York City landmark or interior landmark, is located within a designated New York City historic district, or is listed on the New York State or National Register of Historic Places.

HOISTING EQUIPMENT. Equipment used to raise and lower personnel and/or material with intermittent motion. Hoisting equipment does not include scaffolds, mast climbers, and elevators.

HOISTING MACHINE. A power operated machine used for lifting or lowering a load, utilizing a drum and a wire rope, excluding elevators. This shall include but not be limited to a crane, derrick, cableway and hydraulic lifting system, and articulating booms.

HOISTING MECHANISM. A hoist drum and rope reeving system used for lifting and lowering loads.

INDUSTRIAL ROPE ACCESS. The use of rope access equipment in which a person descends or ascends on a rope, or traverses along a rope, and in which the ropes are used as the primary means of support and positioning. Industrial rope access does not include window washing.

INSTALLING/INSTALLATION/INSTALL (SCAFFOLD). The initial installation or re-installation of a scaffold at a site.

   Initial installation (scaffold). The initial assembly, set-up, or placement of a scaffold at a site.

   Re-installation (scaffold). The addition, relocation, or removal of any part, component, or attachment to a scaffold at a site, including but not limited to counterweights, tie-backs, anchorages, or connections to the building or structure, that occurs subsequent to the initial installation, and which does not otherwise occur in an automated, automatic fashion, as part of the normal use of the scaffold.

JIB. An extension attached to the boom point to provide added boom length for lifting specified loads. The jib may be in line with the boom or offset to various angles in the vertical plane of the boom.

JUMP (JUMPING). The process of adding or removing mast or tower sections to equipment that has already been erected.

LAY. That distance measured along a wire rope in which one strand makes one complete helical convolution about the core or center.

LIGHT DUTY SCAFFOLD. A supported scaffold capable of supporting loads of up to 25 pounds per square foot (122.05 kg/m2), and not more than those imposed by workers and lightweight material, including but not limited to wood or paint.

LIGHT DUTY SIDEWALK SHED. A sidewalk shed designed to carry a live load of at least 150 pounds per square foot (732.3 kg/m2).

LIMITED SITE SAFETY TRAINING (SST) CARD. A card that is issued before the SST full compliance date, in a form and manner established by the department and that satisfies each of the following conditions:

   1.   Such card is issued by an SST provider to a person who submits an application to such provider demonstrating, in a form and manner established by the department, that such applicant satisfies the requirements of Item 1.1, 1.2 or 1.3:

      1.1.   Such applicant has successfully completed (i) an OSHA 10-hour class and (ii) 20 additional SST credits specified by the department, including eight SST credits relating to safeguarding against the dangers posed by falling workers and objects.

      1.2.   Such applicant has successfully completed an OSHA 30-hour class.

      1.3.    Such applicant has successfully completed a 100-hour training program.

   2.   If such applicant completed the training to comply with Item 1.1, 1.2 or 1.3 but did not complete such training within the five years preceding submission of such application, such applicant has, in the one-year period preceding submission of such application, completed at least eight SST credits specified by the department.

   3.   Such card is issued by an SST provider who does not require applicants to submit any information except for (i) the information necessary to establish that the requirements in Item 1 have been satisfied, as specified by the department, (ii) a photograph of the applicant and (iii) such additional information as the department may allow by rule.

   4.   Such card expires on the day before the SST full compliance date and is not renewable.

LOAD (WORKING). The external load, in pounds (kilograms), applied to the crane or derrick, including the weight of auxiliary load attaching equipment, such as lower load blocks, shackles and slings.

LOAD RATINGS. Crane and derrick ratings in pounds (kilograms) established by the manufacturer in accordance with standards set forth in rules promulgated by the commissioner.

LOAD RATING CHART. A full and complete range of manufacturer's crane load ratings at all stated operating radii, boom angles, work areas, boom lengths and configurations, jib lengths and angles (or offset), as well as alternative ratings for use and nonuse of optional equipment on the crane, such as outriggers and extra counterweights, that affect ratings.

LOWER LOAD BLOCK. The assembly of hook or shackle, swivel, sheaves, pins and frame suspended by the hoisting ropes.

MAINTENANCE (SCAFFOLD). Regular or periodic upkeep as specified by the manufacturer to keep the scaffold, including all parts or components, in like new condition and safe working order, and that does not otherwise meet the definition of an installation, removal, or repair.

MAJOR BUILDING. An existing or proposed building 10 or more stories or 125 feet (38 100 mm) or more in height, or an existing or proposed building with a building footprint of 100,000 square feet (30 480 m2) or more regardless of height, or an existing or proposed building so designated by the commissioner due to unique hazards associated with the construction or demolition of the structure.

MANUFACTURE DATE (Crane). For a particular crane, the earlier of the following dates:

   1.   The date the crane was originally manufactured for its intended purpose.

   2.   The date that the oldest major component of the crane was originally manufactured.

MAST CLIMBER. A powered device consisting of an elevating platform mounted on a base or chassis and mast, that when erected is capable of supporting personnel, material, equipment and tools on a deck or platform that is capable of traveling vertically in infinitely adjustable increments to reach the desired work level.

MATERIAL HANDLING EQUIPMENT. A power or manually operated platform, bucket, car or cage that moves horizontally and is mainly used for transporting material during construction, alteration, repair or demolition of a building or structure.

MATERIAL HOIST (MATERIAL HOISTING EQUIPMENT). A power or manually operated platform, bucket, car or cage that moves vertically and is used for raising or lowering material exclusively during construction, alteration, repair or demolition of a building or structure, and is controlled from a point outside the conveyance.

MECHANICAL DEMOLITION EQUIPMENT. Mechanically driven or powered equipment that is utilized to physically demolish a building or structure, or elements of a building or structure, either within or exterior to the building or structure, or that is utilized to move debris or material within the building or structure. Mechanical demolition equipment shall not include mechanically driven or powered equipment that is utilized to move debris or material outside of the building or structure.

MEDIUM DUTY SCAFFOLD. A supported scaffold capable of supporting loads of up to 50 pounds per square foot (244.1 kg/m2), and not more than those imposed by workers and moderate material, including but not limited to brick and pipe.

MINOR ALTERATIONS. See Section 105.4.2 of the Administrative Code.

MOBILE CRANE. A commercial truck mounted crane, crawler crane, wheel mounted crane (multiple control stations), or wheel mounted crane (single control station).

MOBILE SCAFFOLD. A powered or unpowered, portable, caster, track or wheel-mounted supported scaffold.

MULTIPOINT ADJUSTABLE SUSPENDED SCAFFOLD. A suspended scaffold consisting of a platform(s) that is suspended by more than two ropes from overhead supports and equipped with a means to raise and lower the platform to the desired work levels.

ORDINARY REPAIRS. See Section 105.4.2 of the Administrative Code.

OSHA 10-HOUR CLASS. A class that includes 10 or more hours in construction industry safety and health that is intended for workers and satisfies the following conditions:

   1.   Such class is (i) approved by OSHA and conducted in accordance with the OSHA outreach training program or (ii) an equivalent 10 or more hour class approved by the department.

   2.   Such class consists of in-person training, actively proctored online training or, if such training is conducted before the effective date of the local law that added this definition, online training.

OSHA 30-HOUR CLASS. A class that includes 30 or more hours in construction industry safety and health that is intended for supervisors and satisfies the following conditions:

   1.   Such class is (i) approved by OSHA and conducted in accordance with the OSHA outreach training program or (ii) an equivalent 30 or more hour class approved by the department.

   2.   Such class consists of in-person training, actively proctored online training or, if such training is conducted before the effective date of the local law that added this definition, online training.

OUTRIGGER (CRANE). Extendable or fixed members attached to the mounting base that rest on supports at the outer ends used to support the crane.

OUTRIGGER (SCAFFOLD). The structural member of a supported scaffold used to increase the base width of a scaffold in order to provide support for and increased stability of the scaffold.

OUTRIGGER BEAM (THRUSTOUT). The structural member of a suspended scaffold or outrigger scaffold that provides support for the scaffold by extending the scaffold point of attachment to a point out and away from the structure or building.

OUTRIGGER SCAFFOLD. A supported scaffold consisting of a platform resting on outrigger beams (thrustouts) projecting beyond the wall or face of the building or structure, the inboard ends of which are secured inside the building or structure.

PERSONNEL HOIST. A mechanism and its hoistway, equipped with a car that moves vertically on guide members, used for hoisting or lowering workers or workers and materials for the construction, alteration, or demolition of a building, structure, or other work.

PLATFORM. A work surface elevated above lower levels. Platforms can be constructed using individual wood planks, fabricated planks or fabricated decks.

POWER BUGGIES. An automotive vehicle designed or used for the transportation of materials on or about construction or demolition sites. It shall not include automobiles, motor trucks, general purpose tractors, or excavating or material handling machinery.

QUALIFIED PERSON. A person who by possession of a recognized degree, certificate or professional standing, or who by knowledge, training and experience, has demonstrated his or her ability to solve or resolve problems related to the subject matter, the work or the project.

REGISTERED DESIGN PROFESSIONAL. An architect or engineer.

REMOVING/REMOVAL/REMOVE (SCAFFOLD). The final process of taking apart a scaffold in a specific sequence and removing it from the site.

REPAIR (SCAFFOLD). Work performed to restore a scaffold, or any part or component, to like new condition and safe working order following decay, wear, or damage. The definition of repair shall also include the replacement of a part or component.

REPLACEMENT (SCAFFOLD). A repair involving the exchange or substitution of one part or component with another identical or similar part or component in order to restore a scaffold, or any part or component, to like new condition and safe working order following decay, wear, or damage.

ROPE. A continuous line of material comprised of a number of twisted or braided strands of fiber (natural or synthetic) or metal wire.

RUNBACK STRUCTURE. A temporary system of hoistway landing runways, vertical supports and horizontal diaphragms designed to bridge between the hoistway and the parent structure and to transmit both vertical and horizontal loads to the supporting structure and/or foundation.

SAFETY NETTING SYSTEM. Debris or structural nets, installed vertically or horizontally, along with all supports, components, and connections.

Horizontal safety netting. A safety netting system, installed horizontally, consisting of structural netting lined with debris netting.

Vertical safety netting. A safety netting system, installed vertically, consisting of debris netting.

SCAFFOLD. Any temporary elevated platform and its supporting structure (including points of anchorage) used for supporting workers or workers and material, including but not limited to supported scaffolds, suspended scaffolds, and mobile scaffolds.

SCAFFOLD CONTROLLING ENTITY. The contractor or other entity that exercises responsibility for the site where the scaffold is located.

SINGLE-POINT ADJUSTABLE SUSPENDED SCAFFOLD. A suspended scaffold consisting of a platform suspended by one rope from an overhead support and equipped with means to permit the movement of the platform to desired work levels.

SITE SAFETY TRAINING (SST) CARD. A card that is issued in a form and manner established by the department and that satisfies each of the following conditions:

   1.   Such card is issued by an SST provider to a person who submits an application to such provider demonstrating, in a form and manner established by the department, that such applicant satisfies the requirements of Item 1.1, 1.2 or 1.3:

      1.1.   Such applicant has successfully completed (i) an OSHA 10-hour class and (ii) 30-45 additional SST credits specified by the department, including eight SST credits relating to safeguarding against the dangers posed by falling workers and objects.

      1.2.   Such applicant has successfully completed (i) an OSHA 30-hour class and (ii) 10-25 additional SST credits specified by the department, including eight SST credits relating to safeguarding against the dangers posed by falling workers and objects.

      1.3.   Such applicant has successfully completed a 100-hour training program.

   2.   If such applicant completed the training to comply with Item 1.1, 1.2 or 1.3 but did not complete such training within the five years preceding submission of such application, such applicant has, in the one-year period preceding submission of such application, completed at least eight SST credits specified by the department.

   3.   Such card is issued by an SST provider who does not require applicants to submit any information except for (i) the information necessary to establish that the requirements in Item 1 have been satisfied, as specified by the department, (ii) a photograph of the applicant and (iii) such additional information as the department may allow by rule.

   4.   Such card expires five years after issuance and is renewable upon a showing by the applicant that such applicant has, in the one-year period preceding submission of such renewal application, successfully completed eight SST credits specified by the department.

SITE SAFETY TRAINING (SST) CREDIT. One hour of training that satisfies each of the requirements of Item 1, 2 and 3:

   1.   Such training relates to a topic identified by department rule.

   2.   If such training is conducted on or after the effective date of the local law that added this definition, such training is in-person training or actively proctored online training.

   3.   If such training is conducted on or after March 1, 2018, such training is conducted by an SST provider.

SITE SAFETY TRAINING (SST) FULL COMPLIANCE DATE. March 1, 2021.

SITE SAFETY TRAINING (SST) PROVIDER. An entity that satisfies the requirements of Items 1 and 2:

   1.   Such entity satisfies the conditions of Item 1.1, 1.2, 1.3 or 1.4:

      1.1.   Such entity is a not-for-profit organization with a history of at least three years of experience in providing construction-related workforce development, construction-related education or site safety training, which may be demonstrated by submitting training logs to the department or in a form and manner otherwise determined by the department, and training offered by such entity is offered by a person who has (i) successfully completed all applicable OSHA or department requirements for conducting OSHA 10-hour classes and OSHA 30-hour classes and is authorized to conduct such classes and (ii) if such person is conducting training for SST credits other than training that is part of an OSHA 10-hour class or OSHA 30-hour class, such person demonstrates sufficient knowledge of this chapter in a form and manner established by the department. Such entity shall not be required to demonstrate any professional standing, approval, licensure, accreditation or certification, including approval, licensure, accreditation or certification pursuant to paragraph (2) of subdivision d of section 105-03 of subchapter E of chapter 100 of title 1 of the rules of the city of New York, as in effect on January 1, 2018, beyond showing that such entity and a person offering training on behalf of such entity satisfy the requirements set forth in the preceding sentence. Where the department provides content, developed in accordance with department-approved course requirements, for the delivery of SST credits, such entity shall deliver SST credits in accordance with such content. Where the department does not provide content for the delivery of SST credits, such entity shall be responsible for the development of content in accordance with department-approved course requirements. Such content and the delivery of such content may be subject to approval or audit by the department.

      1.2.   Such entity is providing training through a 100-hour training program.

      1.3.   Such entity has been approved by the department to conduct a 40-hour course approved by the department pursuant to Article 402 of Chapter 4 of Title 28 of the Administrative Code.

      1.4.   The department may establish by rule additional ways for an entity to satisfy the requirements of this Item 1. If the department elects to promulgate such rules, an entity shall be deemed to satisfy this Item 1 if such entity satisfies the requirements set forth in such rules or if such entity satisfies the requirements set forth in Item 1.1, 1.2 or 1.3.

   2.   On and after the SST full compliance date, such entity has certified to the department that such entity satisfies at least one of the following conditions:

      2.1.   Such entity has a language access plan for training that relates to SST credits such entity offers and such plan complies with requirements established by an agency or office designated by the mayor.

      2.2.   Such entity satisfies each of the following conditions:

         2.2.1.   Such entity is able to provide instruction in a language that students understand.

         2.2.2.   If a student's vocabulary is limited, such entity will accommodate that limitation.

         2.2.3.   A person offering training on behalf of such entity is fluent in the training language or will use translators or interpreters and any such translators or interpreters will have a background in occupational safety and health.

SITE SAFETY TRAINING (SST) SECOND COMPLIANCE DATE. December 1, 2019, or, if the department publishes a finding by September 1, 2019 that there is insufficient capacity to provide the training required by Section 3321 of the New York city building code to the workers who would need such training, a later date established by the department, provided that such date is not later than June 1, 2020.

SITE SAFETY TRAINING (SST) SUPERVISOR CARD. A card that satisfies each of the following conditions:

   1.   Such card is issued in a form and manner established by the department to a person who demonstrates that such person has an SST card and has successfully completed an OSHA 30-hour class.

   2.   Such card expires five years after issuance and is renewable upon a showing by the applicant that such applicant has, in the one-year period preceding such submission of such renewal application, successfully completed 16 SST credits specified by the department.

SITE SAFETY TRAINING (SST) TASK FORCE. The task force established pursuant to Section 28-103.28 of the Administrative Code.

SOIL AND FOUNDATION WORK (SOIL OR FOUNDATION WORK). Excavation, fill, grading, augering, or drilling, whether in soil or rock; or the installation or removal of foundations, piles, underpinning, sheeting, shoring, or supports of excavation.

STANDARD GUARDRAIL SYSTEM (SCAFFOLD). See "Guardrail system (scaffold)."

STRIPPING OPERATIONS. Removal on the floor of any parts of the concrete formwork including shoring, bracing and other supports.

STRUCTURAL NET (STRUCTURAL NETTING). A system of nets capable of complying with the prototype test described in ANSI A10.11.

SUPERSTRUCTURE. The rotating upper frame structure of the machine and the operating machinery mounted thereon.

SUPPORTED SCAFFOLD. One or more platforms supported by outrigger beams, brackets, poles, legs, uprights, posts, frames, including prefabricated frames that are mechanized but not motorized, or any similar rigid support, including back structures connecting hoistways to buildings, and including structures where sidewalk protection is constructed as an integral part of the apparatus.

SUSPENDED SCAFFOLD. One or more platforms suspended by ropes or other means from an overhead structure.

SUSPENDED SCAFFOLD FOREMAN. An individual, male or female, designated by and working under the direct and continuing supervision of a licensed master or special rigger, or a licensed master or special sign hanger, in accordance with rules of the department.

SUSTAINED WIND. Winds with a 1 minute average duration lasting for a 1-hour period or longer.

SWING. Rotation of the superstructure for movement of loads in a horizontal direction about the axis of rotation.

TEMPORARY CONSTRUCTION. Bracing, shoring, or other elements not part of the permanent structure and which are installed to facilitate construction or demolition work.

TEMPORARY SITE SAFETY TRAINING (SST) CARD. A card that is issued in a form and manner established by the department and that satisfies each of the following conditions:

   1.   Such card is issued by an SST provider to a person who demonstrates that such person has successfully completed an OSHA 10-hour class and who is a new entrant to the construction or demolition work force as determined by such provider pursuant to department rules.

   2.   Such card expires six months after issuance and is not renewable.

TOOL. See "Equipment."

TOWER. A vertical structural frame consisting of columns and bracing that are capable of supporting working and dynamic loads and transmitting them to the support(s).

TOWER CRANE. A power-operated hoisting machine that utilizes a vertical tower with a rotating superstructure and includes a load boom (jib) in order to lift or lower a load and move it horizontally.

TRANSIT. The moving or transporting of a crane from one job site to another.

TRAVEL. The function of the machine moving from one location to another on a job site.

TWO-POINT SUSPENDED SCAFFOLD (SWING STAGE). A suspended scaffold consisting of a platform supported by hangers (stirrups) suspended by two ropes from overhead supports and equipped with means to permit the raising and lowering of the platform to desired working levels.

UNENCLOSED PERIMETER. Any exterior portion of a building that is not solidly enclosed with the permanent facade, including the windows; or any exterior edge of a roof that is not enclosed with its permanent parapet or guardrail.

USE/USING (SCAFFOLD). Any work or activity performed on or from the scaffold. In addition, for a suspended scaffold, the use of the scaffold shall include the operation of the scaffold at the site, provided during such operation any vertical or horizontal relocation of the scaffold does not require a modification to the counterweight, or does not require the placement, relocation, or removal of any anchorage, attachment, outrigger beam, tie-back, or connection to the building or structure.

WALKABLE FLOOR (CONCRETE CONSTRUCTION). A floor where the concrete slab has been poured and the formwork stripped.

WALKABLE FLOOR (PRECAST CONCRETE CONSTRUCTION). A floor where the frame is erected and the precast concrete floor is fixed in place.

WALKABLE FLOOR (STEEL CONSTRUCTION). A floor where the frame is erected and the deck is tack welded or fixed in place.

WHEEL MOUNTED CRANE (MULTIPLE CONTROL STATIONS). A crane consisting of a rotating superstructure, operating machinery, and operator's station and boom, mounted on a crane carrier equipped with axles and rubber-tired wheels for travel, a power source(s), and having separate stations for driving and operating. Its function is to lift, lower, and swing loads at various radii.

WHEEL MOUNTED CRANE (SINGLE CONTROL STATION). A crane consisting of a rotating superstructure, operating machinery, and boom, mounted on a crane carrier equipped with axles and rubber-tired wheels for travel, a power source, and having a single control station for driving and operating. Its function is to lift, lower, and swing loads at various radii.

WORKING DECK (CONCRETE CONSTRUCTION). The level where the floor is being formed.

WORKING DECK (DEMOLITION). The level where the floor is being broken up.

WORKING DECK (PRECAST CONCRETE CONSTRUCTION). The level where the floor is being placed.

WORKING DECK (STEEL CONSTRUCTION). The floor where the metal decking and steel components are being placed before concrete is poured.

(Am. L.L. 2017/196, 10/16/2017, eff.10/16/2017; Am. L.L. 2018/003, 12/31/2017, eff. 1/1/2019; Am. L.L. 2019/119, 6/8/2019, eff. 6/8/2019; Am. L.L. 2019/219, 12/15/2019, retro. eff. 10/16/2017; Am. L.L. 2020/010, 12/27/2019, retro. eff. 12/15/2019; Am. L.L. 2020/096, 9/27/2020, retro. eff. 9/1/2020)

Sites shall be safeguarded and maintained in accordance with the provisions of this section to protect the public and property.

Utilities at a site shall meet the requirements of Sections 3303.2.1 through 3303.2.5.

The location of all existing utilities and service lines shall be determined and adequate measures taken, or devices provided, to safeguard the public and property before such utilities are disturbed.

See Section 3303.9.

All temporary electrical equipment and wiring shall meet the requirements of the New York City Electrical Code, and shall be maintained in compliance with such requirements. Portions of permanent electrical installations may be used for temporary operations provided the requirements of the New York City Electrical Code are met.

Temporary lighting for construction sites shall use high-efficacy lamps with the following minimum efficacies:

   1.   60 lumens per watt for lamps over 40 watts;

   2.   50 lumens per watt for lamps over 15 watts but less than or equal to 40 watts; and

   3.   40 lumens per watt for lamps 15 watts or less.

Sanitary facilities shall be provided during construction or demolition activities in accordance with the New York City Plumbing Code.

If any utility is to be removed, relocated, or have its service interrupted, the utility company or city agency affected shall be notified at least 72 hours in advance. Prior to the removal of any service, the utility connection shall be discontinued and capped, and certifications to that effect issued by the representative utility company shall be filed with the department.

Where an individual building being constructed or demolished has a footprint of between 5,000 square feet (1524 m2) and 40,000 square feet (12 192 m2), a competent watchperson shall be on duty at the site during all hours when operations are not in progress, from the time when the foundation is poured to when all work has concluded and the certificate of occupancy or temporary certificate of occupancy has been issued. Where the building has a footprint of more than 40,000 square feet (12 192 m2), at least one additional watchperson shall be on duty for each additional 40,000 square feet (12 192 m2) of building footprint, or fraction thereof. The watchperson shall be familiar with emergency notification procedures to the Fire Department, shall possess a valid security guard registration with the State of New York, shall hold a valid fire guard certificate from the Fire Department, and for a major building shall have completed the training required by Section 3310.10.

   1.   Where the square footage of the building requires two or more watchpersons, the number of watchpersons may be reduced, subject to the approval of the commissioner, where:

   1.1   An alarm or video monitoring system is in place, or where the layout of the building allows a continuous line of sight across the entire building; and

   1.2   At least one watchperson is provided.

   2.   The building is being actively monitored in accordance with a fire safety and evacuation plan approved by the Fire Department in accordance with the New York City Fire Code.

Housekeeping at a site shall be in accordance with Sections 3303.4.1 through 3303.4.9.

Slipping and tripping hazards in areas used by the public shall be minimized in accordance with Sections 3303.4.1.1 and 3303.4.1.2.

All areas used by the public shall be maintained free from ice, snow, grease, debris, equipment, materials, projections, tools, or other items, substances, or conditions that may constitute a slipping, tripping, or other hazard.

Hose lines, wires, ropes, pipes, chains, and conduits shall be located so that they will not constitute a tripping hazard to the public. Where it is necessary to carry such across sidewalks, or any public way, they shall either be suspended at least 8 feet (2438 mm) above ground or, if left on the ground, suitable chamfered planks or a pedestrian bridge shall be provided to cover such.

Sufficient containers, including but not limited to waste dumpsters, debris boxes, and skip boxes, shall be available for the storage of all debris or waste. Such containers shall be made of metal, plastic, or other non-combustible material acceptable to the commissioner. Such containers shall also comply with the following:

   1.   Containers with wheels shall be secured at the end of the workday by rope, cable, or chocking at the wheels in order to prevent movement.

   2.   Containers shall not be placed at the edge of the building at any time, except when being moved from the floor or building.

   3.   Containers holding debris or waste shall be covered at the end of the workday and at any time when full to near the rim. Containers need not be covered when they are not in use or while stored in a fully enclosed space at the end of the workday.

Control of debris shall include the following measures:

   1.   All floors, roofs, and working decks shall be cleaned of debris at least daily, and a daily inspection made by a competent person to verify such has occurred. If the building is a major building, such inspection shall be noted in the site safety log.

   2.   Debris that cannot be removed from the site by the end of the shift shall be placed in containers meeting the requirements of this section or shall be secured overnight to protect the public and property and shall be removed from the site or placed in containers at the beginning of the next shift.

Exception: Combustible debris shall not be permitted to accumulate and shall be removed from the site in accordance with Section 3303.5.1.

Material and equipment stored at a site during construction or demolition operations shall comply with Sections 3303.4.5.1 and 3303.4.5.2.

When not being used, material or equipment located on a working deck, unenclosed floor, roof, ground area, or similar exposed area shall be secured against dislodgement by wind or accidental impact.

All material or equipment not being used shall be stored at least 10 feet (3048 mm), measured along all horizontal dimensions, from all unenclosed perimeters of the building or structure. Such material or equipment shall be secured in accordance with the requirements of Section 3303.4.5.1.

Exceptions: Provided the material or equipment is secured against accidental movement, in lieu of the 10 foot (3048 mm) set back distance:

   1.   Material or equipment that weighs 750 pounds (340.2 kg) or more may be stored at least 5 feet (1524 mm) from the unenclosed perimeter.

   2.   Where the floor area is less than 1,000 square feet (304.8 square meters), material or equipment, regardless of weight, may be stored at least 5 feet (1524 mm) from the unenclosed perimeter.

   3.   Where located on a floor or working deck that is at or above the level of the horizontal safety netting in accordance with Section 3308, material or equipment may be stored at least 2 feet (610 mm) from the unenclosed perimeter.

   4.   Material related to concrete operations may overhang the unenclosed perimeter of the building or structure, provided:

   4.1.   The material is banded with a minimum of two equally spaced bands to prevent dislodgement;

   4.2.   The material is braced and secured in place by positive means as indicated on the site safety plan, or where there is no site safety plan, in accordance with drawings prepared by a registered design professional;

   4.3.   The material overhangs by no more than one-third of its length;

   4.4.   The material is stored in an area designated on the site safety plan, or where there is no site safety plan, in an area designated on drawings prepared by a registered design professional;

   4.5.   Such designated area is broom swept and cleared of all materials, equipment, and debris prior to the temporary removal of the vertical netting and placement of overhanging material in the designated area;

   4.6.   The perimeter of such designated area, except for the perimeter along the unenclosed perimeter, is protected by vertical netting meeting the requirements of Section 3308.5 or an alternative system acceptable to the commissioner;

   4.7.   Horizontal safety netting meeting the requirements of Section 3308.6 is provided at a level not more than two stories or 30 feet (9144 mm) below the overhanging material, with such nets in place for the full time the material is overhanging, except that the nets may be pulled in at the immediate time the material is being hoisted or lowered where such nets would conflict with the hosting or lowering operation; and

   4.8.   The material is relocated on the next workday.

Storage of combustible material and other material and equipment that may present a fire hazard, shall comply with the New York City Fire Code.

Material stored adjacent to a sidewalk, walkway, or pathway that remains open to the public shall not be piled higher than 3 feet (914 mm), or where a solid fence or barrier is provided, to within one foot (305 mm) of the top of such fence or barrier. For the purposes of this section, the term "adjacent to" shall be any area that is within a horizontal distance that is equal to or less than the vertical height of the piled material.

Exception: Material stored within a dumpster or similar solid container, provided such material is not piled above the top of such dumpster or container.

All exposed, electrically charged, moving or otherwise dangerous parts of machines and construction or demolition equipment shall be located, guarded, shielded, or barricaded so as to prevent contact by the public.

In addition to the requirements of this chapter, the use of internal combustion-powered equipment shall comply with the New York City Fire Code.

Material and debris shall be removed in a manner that prevents injury or damage to the public or property.

Combustible debris shall not be permitted to accumulate, and shall be removed from the site at reasonable intervals in accordance with the requirements of the New York City Fire Code.

No material or equipment shall be intentionally dropped or thrown from a building or structure.

Precautions shall be taken to prevent concrete or mortar washings, sand, grit, or any other material that would cause clogging from entering a sewer or drain. Concrete washout water shall also meet the requirements of Section 3303.15.

The provisions of the Air Pollution Control Code shall apply in order to prevent dust from becoming airborne.

(Am. L.L. 2015/038, 5/6/2015, eff. 5/6/2016)

Chutes used in association with the removal of materials shall comply with Sections 3303.5.5.1 through 3303.5.5.5.

Chute enclosures shall comply with the following requirements:

   1.   Material chutes that are at an angle of more than 45 degrees (0.79 rad) with the horizontal shall be entirely enclosed on all sides, except for openings at the floor levels for the receiving of materials. Such openings shall not exceed 48 inches (1219 mm) in height, measured along the wall of the chute, and all openings, except the top opening, shall be closed and secured when not in use.

   2.   Chutes at an angle of less than 45 degrees (0.79 rad) with the horizontal may be open on the upper side.

Chute construction shall comply with the following requirements:

   1.   Every chute used to convey debris from a building or structure shall be rigidly supported and braced throughout its height. Chutes less than 24 inches (610 mm) in maximum dimension shall be constructed of not less than 1-inch (25.4 mm) (nominal) wood, or 1/8-inch thick (3.18 mm) steel, or a material of equivalent strength and durability acceptable to the commissioner. Chutes more than 24 inches (610 mm) in maximum dimensions shall be constructed of not less than 2-inch (51 mm) (nominal) wood, or 3/16-inch thick (4.76 mm) steel, or a material of equivalent strength and durability acceptable to the commissioner.

   2.   Chutes shall be provided with a metal impact plate where material is forced to change direction while falling.

   3.   A gate shall be provided at the lower end of every chute to control the loading of material into trucks and to close the chute at all other times. Splash- boards or baffles shall be erected to prevent materials from rebounding into the street or under the sidewalk shed.

   4.   A bumper or curb at least 4 inches by 4 inches (102 by 102 mm) in section shall be provided at each chute opening where such opening is level with, or below, the floor or platform. Every space between the chute and the edge of the opening in the floor or platform shall be solidly planked.

When used in the following applications, all chutes constructed of combustible material shall be covered on the exterior with corrugated steel sheeting having a minimum thickness of 24 gauge through their entire height. Alternatively, chutes shall be constructed of noncombustible material:

   1.   Chutes exceeding 75 feet (22 860 mm) in height.

   2.   Alteration, repair or partial demolition of buildings where the main use or dominant occupancy is in Group I.

All structural supports of material chutes shall be of noncombustible material.

No chute shall be installed until a permit has been issued by the commissioner on the basis of drawings prepared by a registered design professional.

Exception: Design and permit is not required for a chute that is:

   1.   Installed on the exterior of a building or structure at a height of 40 feet (12 192 mm) or less in height above the level of the adjoining ground;

   2.   Has been designed by a manufacturer and is installed in accordance with the manufacturer's design; and

   3.   Does not attach to or impart a load on a scaffold.

Where portable fuel fired heaters or other heating equipment are used to provide temporary heating during the placing of concrete for a floor, an escape hatch shall be provided. The escape hatch shall extend from the floor where the concrete is being placed and through at least one story immediately below such floor. The escape hatch shall be located as near to the center of the building or structure as practical.

Exception: An escape hatch is not required provided at least one permanent stairway is available for use on the floor where such concrete placement is occurring and that such stairway is enclosed from the ceiling to the floor of the floor where such concrete placement is occurring and from the ceiling to the floor immediately below such floor with the permanent fire rated enclosure for the stair or a fireproof tarp wrapped tightly around the stair shaft so that no smoke can penetrate.

The escape hatch shall be constructed with at least two fixed, vertical ladders enclosed in a metal shield. The ladders shall extend from a distance of 3 feet (914 mm) above the floor where concrete is being placed to either at least two stories below, or to the ground floor, whichever is less. The metal shield shall enclose the ladders on all sides from the top of the floor where the concrete is being placed to at least the top of the floor next below. The inside dimensions between faces of the shield shall be not less than 3 feet 8 inches (1118 mm).

Exception: Extension ladders may be utilized where the horizontal dimension between the faces of the shields is equal to or greater than one-quarter the height of the shaft.

The space between the shield and the perimeter of the opening in the floor under construction and also between the shield and the perimeter of the opening in the floor next below shall be decked over with 2-inch (51 mm) or heavier planking covered with plywood or sheet metal so as to make the decking smoke tight. At the termination of the ladders, the opening in the floor shall be covered completely with 2-inch (51 mm) planking or other material of equivalent strength.

Fire-fighting equipment, firefighting access at the construction or demolition site, and the conduct of all construction or demolition operations affecting fire prevention and fire fighting shall comply with the New York City Fire Code and the provisions of Sections 3303.7.1 through 3303.7.5.

A water supply for fire protection shall be provided in accordance with the New York City Fire Code.

For a building that has a footprint of 100,000 square feet (30 480 m2) or more, regardless of the height of the building, and the building is substantially enclosed, permanent or temporary fire hydrants available for fire department use shall be provided during the course of construction:

   1.   Within 50 feet (15 240 mm) of the main entrance; and

   2.   Along the perimeter of the building, with the hydrants located so that there is at least one hydrant along every 250 feet (76 200 mm) of building perimeter, and with no hydrant more than 50 feet (15 240 mm) from the exterior wall.

Fire extinguishers shall be provided in accordance with the New York City Fire Code.

Smoking shall be prohibited at all construction and demolition sites. No smoking signs shall be posted at the site in accordance with the provisions of the New York City Fire Code.

Existing sprinkler systems in buildings undergoing an alteration or demolition shall comply with the requirements of Sections 3303.7.4.1 through 3303.7.4.3.

Existing sprinkler systems in buildings undergoing an alteration shall be maintained in accordance with Section 3303.9, except as provided in Section 3303.7.4.3. The red paint required pursuant to Section 903.6 of this code shall be maintained during any alteration operation.

When existing sprinkler systems with fire department hose connections are present in buildings undergoing full or partial demolition, such systems shall be maintained as a nonautomatic sprinkler system, except as provided in Section 3303.7.4.3. When demolition starts, the sprinkler risers shall be capped immediately below the floor being demolished so as to maintain the sprinkler system on all lower floors for Fire Department use. Cutting and capping of sprinklers during demolition work shall be performed only by a licensed master plumber or licensed master fire suppression piping contractor who has obtained a permit for such work. Fire department hose connections shall be kept free from obstruction and shall be marked by a metal sign reading "Sprinkler Connection" and by a red light at night. The red paint required pursuant to Section 903.6 of this code shall be maintained during any demolition operations.

Requests for a variance from the sprinkler requirements of this section shall be limited to requests to remove a damaged or inoperable sprinkler system or a portion of such system in connection with demolitions or gut rehabilitations. Applications for construction document approvals for such requests shall be filed with the department by a registered design professional in accordance with the following procedure:

   1.   The filed application shall include a complete report prepared by the professional describing the extent of the damage and attesting as to why the system cannot be restored; and

   2.   The variance shall not be approved by the department without the concurrence of the Fire Department as follows:

   2.1.   The applicant shall file the request for variance with the Fire Department;

   2.2.   The Fire Department shall review and recommend any necessary safety measures required as a condition of granting the variance; and

   2.3.   The applicant shall submit the Fire Department's recommendation to the department along with proof of satisfactory implementation of such safety measures.

Standpipe systems shall meet the requirements of Section 3303.8.

During construction, alteration or demolition operations, standpipe systems shall comply with the following:

   1.   When, during the course of the construction of a new building the working deck reaches a height of 75 feet (22 860 mm) or greater above the ground in a building for which a standpipe system will be required, a permanent or temporary standpipe system meeting the requirements of Section 905 shall be kept in a state of readiness at all times for use by fire-fighting personnel. The standpipe system shall serve all floors where the permanent stairs are required per Section 3303.11. No standpipe shall be considered to be in a state of readiness unless it is painted red in accordance with the provisions of Section 905.11 of this code. When freezing conditions may be encountered, the system in whole, or the part of the system subject to freezing conditions, shall be maintained as a dry system.

   2.   Existing standpipe systems in structures undergoing a full demolition shall be maintained as dry standpipes. At the commencement of demolition, the standpipe risers shall be capped above the outlet on the floor immediately below the floor being demolished so as to maintain the standpipe system on all lower floors for Fire Department use. Cutting and capping of standpipes during demolition work shall be performed only by a licensed master plumber or licensed master fire suppression piping contractor who has obtained a permit for such work. Standpipe hose, nozzles and spanners are not required to be maintained and may be removed at any time. The red paint required pursuant to Section 905.11 of this code shall be maintained during any demolition operations. All existing house check valves shall remain in place until completion of the demolition work.

   3.   When, during the course of the construction of a new building which will have a occupiable space at a depth of 75 feet (22 860 mm) or greater below the level of the ground in a building for which a standpipe system will be required, a permanent or temporary standpipe system meeting the requirements of Section 905 shall be installed and shall be kept in a state of readiness at all times for use by fire-fighting personnel. The standpipe system shall serve all stories below grade and shall be installed as soon as a temporary or permanent stair is installed below grade. No standpipe shall be considered to be in a state of readiness unless it is painted red in accordance with the provisions of Section 905.11 of this code. When freezing conditions may be encountered, the system in whole, or the part of the system subject to freezing conditions, shall be maintained as a dry system.

   4.   When, during the course of alteration or partial demolition operations in a building for which a standpipe system is required, the standpipe system shall be maintained in accordance with Section 3303.9. In an unoccupied building, an existing wet standpipe system may be maintained as a dry system subject to the approval of the commissioner and the commissioner of the fire department, and also provided the standpipe system is equipped with an air pressurized alarm system meeting the requirements of Section 3303.8.1. No standpipe shall be considered to be in a state of readiness unless it is painted red in accordance with the provisions of Section 905.11 of this code.

   4.1.   If the alteration work results in the addition of new stories to the structure at a height of 75 feet (22 860 mm) or greater above the level of the ground, the requirements of Item 1 of this section shall apply to such new stories during the course of the alteration operation.

   4.2.   If the alteration work results in the addition of new occupiable space at a depth of 75 feet (22 860 mm) or greater below the level of the ground, the requirements of Item 3 of this section shall apply to such new occupiable space below grade during the course of the alteration operation.

Dry standpipe systems utilized during construction or demolition operations shall be provided with an air pressurized alarm system as set forth in Items 1 through 5 below. The provisions of NFPA 14, Chapter 12, as modified in Appendix Q, shall also apply.

   1.   Full demolitions. In buildings and structures undergoing a full demolition, all existing standpipes shall be maintained in a state of readiness as a dry system in accordance with Item 2 of Section 3303.8 and shall be provided with an air pressurized alarm system.

   2.   New construction, alteration, and partial demolition. Where a dry standpipe system is utilized during new construction, alteration, or partial demolition operations, such standpipe system shall be provided with an air pressurized alarm system.

   3.   Submission of application. An application to install an air pressurized alarm system shall be filed by a registered design professional and a permit obtained by a licensed master plumber or licensed master fire suppression piping contractor. A licensed electrician shall obtain all required electrical permits in accordance with Chapter 3 of Title 27 of the Administrative Code.

   4.   Specifications. The following provisions shall apply to the air pressurized alarm system:

   4.1   Pressure. Pressure shall be maintained in the standpipe and cross connections at all times and shall not exceed 25 psig (172 kPag) by utilizing nitrogen or an air compressor with an air dryer. The supervisory pressure shall be as determined by a registered design professional.

   4.2   Automatic air pressurized alarm activation. The alarm shall be automatically activated when the pressure drops below the supervisory pressure or rises above the maximum pressure of 25 psig (172 kPag). When the alarm is activated, notification shall be made to the Fire Department in accordance with the New York City Fire Code, all work at the site shall cease, except as provided in Item 4.2.1, and an investigation of the entire standpipe system and air compressor shall be immediately performed to determine the cause of the alarm. Unless authorized by the Fire Department, no construction or demolition work shall resume until the standpipe system is repaired and the appropriate pressure is restored, except that any repairs to the standpipe system needed to restore the required pressure shall be undertaken immediately and the standpipe system restored as soon as possible. There shall be compliance with the requirements of the New York City Fire Code while the standpipe system is out of service. Upon completion of repairs to the standpipe system a full inspection of such system shall be performed, which shall include, among other things, visually tracing the standpipe, including risers, cross connections and fire department connections to verify that no breach exists and checking all gauges of the standpipe system to ensure the standpipe system has been restored to a state of readiness.

   4.2.1   Notwithstanding the provisions of Item 4.2, the activation of the alarm shall not require the cessation of work necessary for the completion of concrete pouring operations in progress at the time of alarm activation, where such cessation would cause a cold joint that would impair the structural integrity of the finished construction. The continuation of such operations shall be permitted only until an orderly termination of such operations can be effectuated. The site safety manager or coordinator shall record the names and locations of any employees necessary for the completion of the concrete pouring operations and provide them to the Fire Department personnel who arrive on the scene.

   4.3   Air compressor. The air compressor shall be designed to automatically cut in and cut out at the supervisory pressure and shall be tied into the standpipe system between the fire department connections and the house check valves. The air compressor shall utilize an air dryer during times when freezing conditions exist to condition the air entering the dry standpipe system.

   4.4   Alarm. The standpipe alarm system shall utilize pressure switches and control equipment to annunciate a local audible alarm on site that can be heard during working and non-working hours. The audible signal of the horn shall be at least 15 dBA above the ambient noise level but no more than 110 dBA.

   4.5   Power supply. The standpipe alarm system shall be connected to an active, dedicated power supply at all times.

   4.6   Check valves. Check valves shall be installed to prevent water from entering the air compressor.

   4.7   Locks and caps. All control valves shall be chained and locked in the appropriate position and shall be provided with capped outlets. All hose valves shall also be provided with capped outlets.

   4.8   Fire Department connections. Three inch (76 mm) iron hose plugs with gaskets in Fire Department connection swivels shall be provided.

   4.9   Drainage. Provisions shall be made to drain water in any trapped sections of the dry standpipe system that are subject to freezing.

   4.10   Manual air release connection. A minimum 2.5-inch (64 mm) connection located immediately downstream of the fire department connection check valve shall be provided and piped to a location immediately adjacent to the fire department connections. This line shall be fitted with a 2.5-inch (64 mm) hose valve and shall allow for release of the pressurized air from the dry standpipe system. The number of air release valves provided shall be such that the air pressure shall be released in no more than 3 minutes, which shall be verifiable by an actual air release test performed at the time of the initial installation.

   4.11   Construction documents. Plans shall identify all standpipe risers, cross connections, fire department connections, any intermediate check valves that have to be removed, proposed location of the air release connections, designation of the supervisory pressure, complete information regarding the alarm system, and procedures for the safe pressurization and depressurization of the system.

   4.12   Signage. Signage shall be provided at all fire department connections indicating that the dry standpipe system is pressurized and showing the location of the manual air release.

   4.13   Pressure gauges. A system of pressure gauges shall be installed at the compressor and at the most remote points of the system from the compressor.

   5.   Planned removal from service of standpipe system and standpipe air pressurized alarm. Whenever the standpipe system is to be placed out of service for the addition of a new section to the system, removal of an existing section as demolition operations progress, or other planned event, the standpipe alarm may be temporarily deactivated subject to compliance with the requirements of the New York City Fire Code. Where a site safety manager or coordinator is required by this code, all alarm activations, inspections, and repairs shall be logged into the log book maintained by such site safety manager or coordinator. If the standpipe system is not returned to a state of readiness and the alarm reactivated within 2 hours of such planned removal from service, all construction or demolition work at the site shall cease, unless otherwise approved by the Fire Department.

Fire department hose connections shall be kept free from obstruction and shall be marked by a metal sign reading, "Standpipe Connection" and by a red light at night.

Standpipes may be used for a purpose other than to supply water for firefighting operations, including but not limited to supplying water or compressed air for construction or demolition operations, subject to the approval of the Fire Department and provided at least one standpipe riser is maintained at all times for firefighting operations. Where the standpipe is used to supply water for construction or demolition operations and freezing conditions may occur, the standpipe shall be completely drained after use to prevent freezing.

Required means of egress, existing structural elements, fire protection devices, and sanitary safeguards shall be maintained at all times during construction or demolition operations in existing buildings. Required means of egress shall not be obstructed in any manner that would destroy the full effectivness of such means of egress.

Exception: Where adequate alternate provisions are provided in accordance with the requirements of this code, or where the element is temporarily or permanently disconnected, removed, or demolished in accordance with the requirements of this code and of the agency or authority having jurisdiction to temporarily or permanently disconnect, remove, or demolish such element. Such alternative means, disconnection, removal, or demolition shall be shown on the approved plans. Fire protection systems, including but not limited to sprinklers, standpipes, and fire alarms, shall only be taken out of service in accordance with the requirements of the New York City Fire Code.

When construction or demolition activity occurs in an occupied building, barricades, signs, drop cloths, and other protective means shall be installed and maintained as necessary to provide reasonable protection for the occupants against hazard and nuisance. Such protective means shall be indicated on an occupant protection plan, or where a tenant protection plan is required by Section 3303.10.1, on a tenant protection plan.

In buildings containing any occupied dwelling units, including newly constructed buildings that are partially occupied where work is still ongoing within the building, all alteration, construction, or partial demolition work shall be performed in accordance with a tenant protection plan as required by Article 120 of Title 28 of the Administrative Code.

(Am. L.L. 2019/106, 6/8/2019, eff. 3/8/2020)

The owner shall notify the department in writing at least 72 hours prior to the commencement of any work requiring a tenant protection plan. The department shall conduct an inspection of 10 percent of such sites within seven days after the commencement of such work to verify compliance with the tenant protection plan. The department shall conduct follow up inspections of such sites every 180 days until such construction is completed to verify compliance with the building code and tenant protection plan. Thereafter, the department shall conduct an inspection within 10 days of receipt of a complaint concerning such work.

(Am. L.L. 2019/116, 6/8/2019, eff. 3/8/2020)

If work is not being performed in accordance with the tenant protection plan, the commissioner may issue a stop work order pursuant to section 28-207.2 of the administrative code.

(Am. L.L. 2017/154, 8/30/2017, eff. 12/28/2017)

During construction and demolition stairs shall comply with the following:

   1.   During the course of construction of a new building, or in spaces being added to an existing building, at least one permanent stair shall be brought to within a distance of 40 feet (12 192 mm) or 4 floors below the working deck at all times. In all other locations where permanent stairs will be required, a temporary or permanent stair shall be brought to within a distance of 40 feet (12 192 mm) or 4 floors below the working deck at all times.

   2.   Stairs in an existing building undergoing alteration or a partial demolition shall be maintained in accordance with Section 3303.9. Stairs in a building undergoing a full demolition shall comply with Section 3306.9.9.

   3.   All stairs in a building undergoing construction or demolition shall be lighted at all times and kept free of equipment, debris, and material.

Elevators and hoists during construction or demolition work shall meet the requirements of Sections 3303.12.1 through 3303.12.5.

Existing elevators serving publically accessible floors in a building undergoing construction or demolition work shall be maintained in accordance with Section 3303.9.

All floors closed to the public in a new or existing building undergoing construction or demolition work shall be served by, at least, either:

   1.   An elevator meeting the requirements of Chapter 30, which shall be kept in readiness at all times for Fire Department use; or

   2.   A hoist meeting the requirements of Section 3318, which shall be available at all times for fire department use.

Exceptions: An elevator or hoist is not required during the course of construction or demolition for:

   1.   A building that does not require a permanent elevator.

   2.   Floors that are located within a vertical distance of seven stories or 75 feet (22 860 mm) or less from the working deck.

Where the proposed lowest level of a building with a footprint of 10,000 square feet (3048 m) or greater is constructed at a depth greater than 75 feet (22 860 mm), a hoist meeting the requirements of Section 3318 shall be available at all times for Fire Department use once such floor has been poured and set. The hoist shall serve the level at grade and all stories below grade.

Exception: Subject to the approval of the commissioner, alternate means available at all times for Fire Department use, including but not limited to a vehicular ramp, shall be provided.

Where an existing elevator is converted from passenger or freight use the department shall be notified in accordance with the requirements of Chapter 30.

If the travel of the hoist cannot be increased or decreased to fulfill the requirements of this section due to inclement weather, it shall be increased by the end of the next working day.

Sites where construction or demolition work has been interrupted or abandoned and discontinued shall be protected in accordance with the requirements of Sections 3303.13.1 through 3303.13.3.

A fence meeting the requirements of Section 3307 shall be maintained throughout the duration of time that operations at the site are interrupted or abandoned and discontinued.

Where work has been interrupted or abandoned and discontinued for a period of at least three months, a safety monitoring plan shall be prepared and submitted to the department. Such safety monitoring plan shall be specific to the site, shall identify safeguards to be instituted and maintained to secure the site, and shall specify monitoring to be performed during the duration of suspension of work. The site shall be monitored in accordance with such plan.

Where work has been interrupted or abandoned and discontinued for a period of at least three months, all open excavations shall be filled and graded to eliminate all steep slopes, holes, obstructions or similar sources of hazard. Fill shall consist of clean, noncombustible material. The final surface shall be graded in such a manner as to drain the lot, eliminate pockets in the fill, and prevent the accumulation of water without damaging any foundations on the premises or on adjoining property.

Exception: Filling and grading is not required for abandoned, discontinued, or interrupted excavations that are:

   1.   Secured in accordance with Section 3303.13.2, and

   2.   Inspected periodically by an engineer to verify continued stability of the excavation, with a record of such inspections signed, sealed, and dated by the engineer.

No condition shall be created as a result of construction or demolition operations that will interfere with natural surface drainage. Water courses, drainage ditches, etc., shall not be obstructed by refuse, waste building materials, earth, stones, tree stumps, branches, or other debris that may interfere with surface drainage or cause the impoundment of surface waters.

Provision shall be made to prevent the accumulation of water or water damage to any foundations on the premises or to adjoining property.

All excavations shall be drained, and the drainage shall be maintained as long as the excavation continues or remains. Where necessary, pumping shall be used, provided proper permits are obtained from the New York City Department of Environmental Protection.

The requirements of Section 3303.5.3 shall apply.

Concrete washout water shall not be allowed to enter any sewer, catch basin, drain, or body of water or to leach into the ground.

All concrete washout water shall be collected and contained in or on the concrete mixer truck or in pre-manufactured watertight containers specifically designed and fabricated for the purpose of collecting and containing concrete washout water on-site. Such containers shall be of sufficient quantity and size to accommodate all rinsing operations required on-site so as not to delay the timely return of concrete ready mix trucks to the concrete plant and shall be protected from breach or overflow at all times.

Rinsing operations and concrete washout water containers shall not be located less than 30 feet from any sewer, drain, catch basin, or body of water without the written approval of the commissioner.

Collected concrete washout water shall be transported off site for treatment and disposal or contained on site until completely evaporated. Any hardened concrete remaining after evaporation shall be disposed of, reused or recycled.

Contractors sheds and offices located within 30 feet (9144 mm) of new construction, existing buildings, or another contractor shed or office shall be made of metal or other noncombustible material.

Exception: Contractor sheds and offices located within a building and protected from weather may use fire retardant treated wood, provided the shed does not exceed one story in height and 120 square feet (36.58 square meters) in area and is at least 30 feet (9144 mm) from another shed.

The provisions of this section shall apply to all soil and foundation work, including but not limited to excavations made for the purposes of taking earth, sand, gravel, or other material, as well as to soil and foundation work related to accessory uses such as garages, pools, and decks, and also to the underpinning or bracing of buildings or structures, in order to safeguard the public and property from such work.

   1.   Soil or foundation work not related to the underpinning or bracing of an existing building or structure, and which is performed in connection with utility or infrastructure work occurring within a public right of way, including but not limited to the construction, alteration, maintenance, repair, or demolition of bridges, streets, sidewalks, highways, railroads, subways, water tunnels, or utility lines.

   2.   Soil or foundation work on cemetery grounds for burials.

   3.   Soil or foundation work performed within an industrial or commercial quarry, plant, or yard and not related to the construction or demolition of a building or structure on the property of such quarry, plant, or yard.

The depth of all soil and foundation work shall be measured from the level of the adjacent ground surface to the lowest point of the soil and foundation work. The height of all soil and foundation work shall be measured from the level of the adjacent ground surface to the highest point of the soil and foundation work. Where soil and foundation work occurs within a basement or cellar, the soil and foundation work shall be measured from the level of the adjacent slab.

The sides of all excavations, including related or resulting embankments, shall be supported as specified on drawings. Such drawings shall be site specific and shall clearly illustrate all related protection and support of the excavation, including but not limited to sloping, stepping, sheeting, shoring, bracing, guardrail systems, and fences as required by Section 3304.4, with all dimensions indicated. Such drawings shall also indicate any utilities or public infrastructure impacted by the excavation. The drawings shall be prepared by a registered design professional who has demonstrated knowledge or experience in the design of retaining structures or bracing systems for the support of excavation.

   1.   Drawings for the support of excavation are not required for an excavation:

   1.1   That occurs 5 feet (1524 mm) or less in depth, provided:

   1.1.1   The excavation also occurs more than 5 feet (1524 mm) from all footings and foundations; or

   1.1.2   Where the excavation occurs within five feet (1524 mm) or less from a footing or foundation, such excavation does not occur below the level of the footing or foundation.

   1.2   Where the sides of the excavation are sloped not steeper than 45 degrees (0.79 rad) or stepped so that the average slope is not steeper than 45 degrees (0.79 rad) with no step more than 5 feet (1524 mm) high, provided such slope or step begins at least five feet (1524 mm) from all footings and foundations.

   1.3   Where a trench box is utilized in accordance with the manufacturer's specifications, provided the manufacturer specifications are available onsite.

   2.   Support of excavation drawings can be prepared by a qualified person for an excavation occurring in conjunction with the construction or demolition of an exterior in-ground pool, provided such pool is an accessory to a one- two- or three-family home, is limited to 400 square feet (121.92 square meters) in area, and provided that the distance from the edge of the pool to any building, structure, or lot line is greater than the depth of the deepest portion of the pool.

   3.   Where demolition drawings are required by Section 3306.5, separate support of excavation drawings for the removal of the foundation are not required, provided such detail is shown on the demolition drawings.

Prior to the commencement of soil or foundation work, notification shall be provided as follows.

No soil or foundation work within the property line shall commence unless the permit holder, or where there is no permit holder the person causing the soil or foundation work to be made, notifies the department, via phone or electronically, at least 24 hours, but no more than 48 hours prior to the commencement of such work. The notification shall state the date that such soil or foundation work is to commence. Should the notification date fall on a weekend or official holiday, the permit holder shall notify the department on the last business day before the commencement date. In the event that the soil or foundation work does not begin on the date provided in the notification to the department, the permit holder, or where there is no permit holder the person causing the soil or foundation work to be made, shall notify the department of its cancellation not more than 24 hours prior to but no later than the date for which the soil or foundation work was scheduled. Should the cancellation date fall on a weekend or an official holiday, the permit holder, or where there is no permit holder the person causing the soil or foundation work to be made, shall notify the department on the next business day after the intended commencement date. The permit holder, or where there is no permit holder the person causing the soil or foundation work to be made, shall notify the department of a new intended commencement date pursuant to the provisions above. The commissioner may issue a stop work order if there is a failure to provide notice as required in this section and if the work is found to violate any of the provisions of this code, the New York City Zoning Resolution, or other applicable laws or rules. Upon the issuance of such stop work order, the work shall be stopped for a minimum of three business days to enable the department to take any other appropriate action to ensure that the earthwork is being performed in a safe manner. The earthwork shall not recommence until the stop work order has been lifted.

Exceptions: Notification to the department is not required for the following:

   1.   Hand excavation work that extends 5 feet (1524 mm) or less in depth and is 2 feet (610 mm) or more from an existing footing or foundation. This exception shall not apply to any hand excavation work performed anywhere in existing or demolished basements or cellars that adjoin existing foundations.

   2.   Excavations for a geotechnical investigation that do not exceed 10 feet (3048 mm) in length, width, or diameter, and that are conducted under the supervision of a registered design professional.

   3.   Emergency work performed by the Department of Housing Preservation and Development (HPD) or other agency as directed by the commissioner or work on unsafe buildings performed by HPD or other agency pursuant to a precept.

   4.   Soil or foundation work related to gardening or landscaping work, provided no excavation occurs to a depth greater than 5 feet (1524 mm); and either:

   4.1   The excavation occurs more than 5 feet (1524 mm) from all footings and foundations; or

   4.2   Where the excavation occurs within 5 feet (1524 mm) or less from a footing or foundation, such excavation does not occur below the level of the footing or foundation.

   5.   Soil or foundation work related to the pouring of a slab or pavement, provided no excavation to a depth greater than 2 feet (610 mm) occurs in conjunction with such work.

   6.   Where notification is required by Section 3306.3, separate notification for the removal of a foundation is not required.

When an excavation to a depth of 5 feet to 10 feet (1524 mm to 3048 mm) is to be made within 10 feet (3048 mm) of an adjacent footing or foundation, or when any excavation over 10 feet (3048 mm) is to be made anywhere on a site, the person causing the excavation to be made shall provide written notice to the owners of the adjoining property not less than 10 days prior to the scheduled starting date of the excavation. The written notice shall provide a description of the work to be performed, the timeframe and schedule, and the contact information of the person causing the excavation and of the department.

Exception: Notification is not required where the excavation is set back from the edge of the adjacent footing or foundation or adjoining property by a ratio of 2 horizontal to 1 vertical, as measured from the deepest point of the excavation.

Whenever soil or foundation work, for any purpose, is proposed to a depth greater than 50 feet (15 240 mm) in the borough of the Bronx or on or north of 135th Street in the borough of Manhattan, or greater than 100 feet (30 480mm) in the borough of Brooklyn, Queens, or Staten Island or south of 135th Street in the borough of Manhattan, the owner of the premises, engineer, architect or contractor shall notify the New York City Department of Environmental Protection prior to commencement of such activity in accordance with Section 24-367 of the Administrative Code and any rules promulgated thereunder. The issuance of any permit or approval by the department shall not relieve the applicant, owner, engineer, architect or contractor of the obligation to comply with any notification or permitting requirements of the New York City Department of Environmental Protection.

(Am. L.L. 2018/065, 1/19/2018, eff. 1/19/2019)

Whenever drilling or excavation is planned deeper than 500 feet (152 m) below grade, a permit may be required from the New York State Department of Environmental Conservation. The issuance of any permit or approval by the department shall not relieve the applicant of the obligation to comply with any approval or permitting requirements of the New York State Department of Environmental Conservation. Whenever any drilling for borings or geothermal wells is planned, the owner of the premises or the contractor shall notify the New York State Department of Environmental Conservation prior to commencement of such activity to determine if a permit is necessary.

Whenever an excavation of any depth is proposed within 200 feet (60 960 mm) of any subway or tunnel under the jurisdiction of the New York City Transit Authority, the Metropolitan Transportation Authority, or the Port Authority of New York and New Jersey, an approval and permit shall be obtained from such authority having jurisdiction. The owner of the premises or the contractor shall notify the authority having jurisdiction prior to commencement of any such activity. The issuance of any permit or approval by the department shall not relieve the applicant of the obligation to comply with any approval or permitting requirements of the New York City Transit Authority, the Metropolitan Transportation Authority, or the Port Authority of New York and New Jersey.

Soil or foundation work that is to be done with the use of explosives shall also be subject to the notification and permit requirements set forth in the New York City Fire Code.

The sides of excavations shall be protected in accordance with the requirements of Sections 3304.4.1 through 3304.4.6.

The sides of all excavations, including related or resulting embankments, that are 5 feet (1524 mm) or greater in depth or height shall be supported in accordance with one or more of the following means. Where required by Section 3304.2, such means shall be indicated on drawings:

   1.   Sheeting, shoring, bracing, or by other retaining structures as may be necessary to prevent the sides of the excavation from caving in before permanent supports are provided. Such methods of protection shall be subject to special inspection in accordance with the provisions of Chapter 17; or

   2.   Excavation sides sloped not steeper than 45 degrees (0.79 rad) or stepped so that the average slope is not steeper than 45 degrees (0.79 rad) with no step more than 5 feet (1524 mm) high, provided such slope or step does not endanger any structure or temporary construction, including subsurface structures. Slopes or steps steeper than 45 degrees (0.79 rad), or steps more than 5 feet (1524 mm) high shall be permitted only where the registered design professional preparing the drawings required by Section 3304.2 determines, based upon the completion of a geotechnical investigation report acceptable to the commissioner, that the slopes or steps will be stable.

Exception: For a rock cut excavation, no protection is required, provided a registered design professional determines the rock cut will not be subject to shearing and will not otherwise be unstable before permanent supports are provided. Otherwise, the rock cut shall be stabilized in accordance with drawings prepared by the registered design professional.

See Section 3304.5.1.

Every site with an excavation shall be enclosed with a fence that meets the requirements of Section 3307.7.

All open edges of an excavation that are 6 feet (1829 mm) or greater in depth shall be protected by a guardrail system meeting the requirements of Sections 3308.7.1 through 3308.7.5, or by a solid enclosure at least 3 feet 6 inches (1067 mm) high. For the purpose of a guardrail system installed in accordance with this section to protect the open edge of an excavation, the term "floor" in Sections 3308.7.1 through 3308.7.5 shall mean "ground."

   1.   The toeboard, when installed in conjunction with such excavation guardrail system, shall consist, at a minimum, of 1" x 6" (25 mm by 152 mm) lumber or metal plank and shall be at least 5 1/2 inches (140 mm) high.

   2.   A toeboard is not required where the sheeting, shoring, bracing, or any other support of excavation extends at least 51/2 inches (140 mm) above the top of the excavation.

   3.   A guardrail system or a solid enclosure is not required where access to the adjoining area is precluded.

   4.   A guardrail system or a solid enclosure is not required where side slopes are three horizontal by one vertical (33-percent slope) or flatter.

To provide necessary openings for intermittent operations, one or more sections of the guardrail system or solid enclosure may be hinged or supported in sockets. When supported in sockets, rails shall be so constructed that they cannot be jolted out. A button or hook may be used to hold the guardrail system or solid enclosure in a fixed position. Substantial chains or ropes may be used to guard such openings in such guardrail system or solid enclosure. Where so used, the chains or ropes shall be taut at the same height as the rails of the standard guardrail system.

Excavated material and superimposed loads, including but not limited to equipment and trucks used for soil or foundation work, shall not be placed closer to the edge of the excavation than a distance equal to one and one-half times the depth of such excavation unless the sides of the excavation have been sloped or sheet piled (or sheeted) and shored to withstand the lateral force imposed by such superimposed loads, or a registered design professional has determined the side of the excavation can adequately support the load imposed, with such support or determination shown on drawings required by Section 3304.2. In the case of open excavations with side slopes, the edge of excavation shall be taken as the toe of the slope.

Required protection for the sides of the excavation shall be installed as the excavation advances. The placement of permanent structures or fill in areas requiring support of excavation shall not begin until the support of excavation has been completed for such areas.

Soil and foundation work shall be inspected in accordance with the requirements of Sections 3304.5.1 through 3304.5.3.

All sides or slopes of excavations or embankments shall be inspected after rainstorms, or any other hazard-increasing event, and safe conditions shall be restored.

Methods employed to protect the sides of excavations meeting the requirements of Item 1 of Section 3304.4.1 shall be subject to special inspections in accordance with Chapter 17.

The requirements of Section 3304.12 shall apply.

The requirements of Section 305 of Title 28 of the Administrative Code, as well as Sections 1806 and 3309 of the building code shall apply as applicable.

Every excavation shall be provided with at least one safe means of ingress and egress that is kept available at all times.

The requirements of Section 3303.14 shall apply.

The requirements of Section 3303.2 shall apply.

The person causing the soil or foundation work to be performed shall dewater the site, as needed, for the progress of the work. Measures shall be taken to prevent settlement, slope failure, and damage to adjacent buildings, structures, and property affected by dewatering operations.

The requirements of Section 1814 and Section 3309 shall apply.

Where slurry is utilized to support an excavation, trench, or drill or bore hole, slurry mix proportions and installation procedures shall be provided by a registered design professional on signed and sealed design and installation procedures. The installation procedures shall account for all imposed loads, including those from the earth, adjacent structures, and adjacent equipment. The use of slurry to support excavations shall be subject to special inspection in accordance with Section 1704.20. Where such construction methods are used to install foundation elements, the new foundation elements installed as part of such operations shall be subject to special inspection as a permanent installation in accordance with the applicable sections of this chapter, including but not limited to special inspection for concrete, and welding.

The placement and installation of structural steel, concrete formwork, aluminum, and masonry shall be in accordance with the requirements of this section.

Structural steel assembly shall be in accordance with the requirements of AISC 360 and the requirements of Sections 3305.2.1 through 3305.2.8.

Shop drawings shall include the location of oversized, short slotted, and long slotted holes.

The requirements of Section 2205.6.2 shall apply.

Structural steel members shall not be dropped, thrown, or dragged. All structural steel members shall be shipped and handled in a manner to avoid injury to protective coatings or permanent deformations of the members. Materials shall be protected against damage and corrosion that results in a loss of section. Any injury to protective coatings shall be repaired prior to the application of fireproofing, the placement of concrete around the steel, or any other action that would otherwise conceal the steel. Any loss of section, bends, crimps or other evidence of permanent deformations shall be straightened by methods approved by the registered design professional of record or the piece shall be rejected.

During the placing of a structural member, the load shall not be released from the hoisting rope until the member is securely supported.

Open web steel joists that are hoisted singly shall be transferred from their place of storage directly to their permanent location and safely secured. No load shall be placed on open web steel joists until they are permanently fastened in place or otherwise secured in accordance with methods approved by the registered design professional of record.

While structural members or assemblies are being hoisted, a tag line or tag lines shall be used, as needed, to prevent uncontrolled movement.

Trusses shall be braced or guyed, as necessary, for the safety of the structure.

Structural frames shall be properly braced with shores, guyed cables, turnbuckles, or other devices, as necessary, for the safety of the structure.

The permanent floors of such buildings or other structures shall be installed as soon as possible as the erection of structural steel members progresses. In no case shall there be more than eight stories, floors or equivalent levels or 120 feet (36 576 mm), whichever is less, between the working deck and the uppermost permanent floor.

Exception: Where otherwise designed, in accordance with the approved construction documents, by the registered design professional of record.

Concrete formwork shall be in accordance with the requirements of Sections 3305.3.1 through 3305.3.7.

The design, fabrication and erection of forms shall comply with the requirements of Sections 3305.3.1.1 through 3305.3.1.6.

Formwork, including all related braces, shoring, framing, and auxiliary construction, shall be proportioned, erected, supported, braced, and maintained so that it will safely support all vertical and lateral loads that might be applied until such loads can be supported by the permanent construction.

Vertical and lateral loads shall be carried to the ground by the formwork system, by the new construction after it has attained adequate strength for that purpose, or by existing structures. Forms and their supports shall be designed so as not to damage previously placed structures.

The use of existing structures to support vertical or lateral loads imposed by concrete construction operations shall require an evaluation of the existing structure for the loads imposed by a registered design professional. The registered design professional shall prepare design drawings documenting the findings of the evaluation, indicate the location of formwork elements, and the interface between the formwork and the existing structure.

Forms shall be properly braced or tied together so as to maintain position and shape, and shall conform to the sizes and shapes of members as shown on the design drawings.

Ramps, runways, and platforms utilized in connection with concrete placement shall comply with Section 3315.

Concrete formwork shall be designed in accordance with Section 3305.3.2.

Forms for prestressed and post-tensioned concrete members shall be designed and constructed to permit movement of the member without damage during application of the pre-stressing or post-tensioned force.

Design of formwork, including but not limited to forms, shores, and shoring foundations, shall comply with ACI 318, Section 6.1.5, and the requirements of Sections 3305.3.2.1 through 3305.3.2.8.

Site-specific formwork design drawings prepared by a registered design professional shall be required in the following cases:

   1.   For concrete formwork in a structure classified as a major building; or

   2.   Wherever the shore or form height exceeds 14 feet (4267 mm); or

   3.   Wherever the total vertical load on the forms exceeds 150 pounds per square foot (732 kg/m2); or

   4.   Wherever power buggies are used; or

   5.   Wherever multi-stage shores are used; or

   6.   Wherever the slab thicknesses or beam heights equal or exceed 10 inches; or

   7.   Wherever there are concentrated loads exceeding 2000 lbs imposed on the formwork; or

   8.   Wherever there are loads are imposed on existing structures in accordance with Section 3305.3.1.2.1.

Exception: Design drawings prepared by a registered design professional are not required for formwork installed in conjunction with slabs supported directly on grade or footings where such slab or footing does not impart any load on an adjacent structure.

Vertical loads shall include the total dead and live loads. Dead load shall include the weight of the formwork plus the weight of the reinforcement and fresh concrete. Live load shall allow for the weight of the workers and equipment, with allowance for impact, but in no case shall be less than 20 pounds per square foot (98 kg/m2).

Design of forms, ties and bracing shall satisfy the minimum lateral pressures of fresh concrete specified in Table 3305.3.2.3.

Braces and shores shall be designed to resist all external lateral loads, including, but not limited to, wind, cable tensions, inclined supports, dumping of concrete, and starting and stopping of equipment. In no case shall the assumed value of lateral load due to wind, dumping of concrete, and equipment acting in any direction at each floorline be less than 100 plf applied along the edge or 2 percent of total dead load of the floor, whichever is greater. Except for foundation walls that are poured against a rigid backing, wall forms shall be designed for a minimum lateral load of 10 pounds per square foot (49 kg/m2), and bracing for wall forms shall be designed for a lateral load of at least 100 pounds per linear foot (148.8 kilograms per linear meter) of wall, applied at the top. The lateral load acting on walls greater than 14 feet (4267 mm) high shall be determined by analysis of conditions applicable to the site and building.

 

 

For SI: 1 inch = 25.4 mm, 1 foot per second = 0.305 m/s, 1 pound per cubic foot = 16.02 kg/m3, 1 pound per square foot = 4.882 kg/m2, °C = (°F-32)/1.8.where: a. R = rate of placement, feet per hour. a. T = temperature of concrete in the forms, °F. a. h = height of fresh concrete above point considered, feet.

a.    Allowances for change in lateral pressure shall be made for concrete weighing other than 150 pcf; for concrete containing pozzolanic additions or cements other than Type I, for concrete having slumps greater than 6 inches, or for concrete consolidated byrevibration or external vibration of forms.

b.    Where retarding admixtures are employed under hot weather conditions, an effective value of temperature less than that of the concrete in the forms shall be used in the above formula.

c.    If retarding admixtures are used in cold weather, the lateral pressure may be assumed as that exerted by a fluid weighing 150 pcf.

The formwork shall be designed for any special conditions of construction likely to occur, such as unsymmetrical placement of concrete, impact of machine-delivered concrete, uplift and concentrated loads.

Shoring and bracing shall comply with Sections 3305.3.2.6.1 through 3305.3.2.6.4.

When patented or commercial devices that are not susceptible to design are used for shoring, bracing, or splicing, they shall be approved by the commissioner.

Splices shall develop the full strength of the spliced members.

Where shore height exceeds 10 feet (3048 mm), or when necessary to provide structural stability, diagonal bracing shall be provided. Struts, anchored into masonry or to panel joints of adjacent braced bays may be used to prevent buckling of individual members not supported by the diagonal bracing, but bracing an entire tier of shores with struts without diagonal bracing shall be prohibited unless the system can be demonstrated to be braced by other rigid construction.

The unbraced length of shores shall not exceed the maximum length determined in accordance with the requirements of this code for the structural material used.

Foundations for shores more than 10 feet (3048 mm) high and supported on the ground shall be designed by a registered design professional.

Formwork shall be so constructed that vertical adjustments can be made to compensate for take-up and settlements. Wedges, jacks or other positive means shall be provided for this purpose.

Formwork shall be inspected and observed in accordance with the requirements of Sections 3305.3.3.1 and 3305.3.3.2.

Formwork, including shores, reshores, braces and other supports, shall be inspected prior to placement of reinforcing steel to verify that they conform to the construction documents and form design drawings. Such inspections shall be performed by a qualified person designated by the contractor; nothing shall prohibit the concrete safety manager from performing such inspection where so designated. Subsequently, inspections shall be performed by such person periodically during the placement of concrete. During and after concreting, the elevations, camber, and vertical alignment of formwork systems shall be inspected using tell-tale devices. A record of all such inspections shall be kept at the site available to the commissioner. The names of the persons responsible for such inspections and the foreman in charge of the formwork shall be posted in the field office.

In addition to the inspections by the contractor required pursuant to Section 3305.3.3.1, visual observations of the formwork for the general conformance with the design intent shall be performed by:

   1.   The formwork designer;

   2.   An employee of the formwork designer under his or her direct supervision;

   3.   A registered design professional retained by the formwork designer; or

   4.   An employee of such retained registered design professional under the direct supervision of such retained registered design professional.

Exceptions: Formwork observation pursuant to Section 3305.3.3.2 shall not be required for:

   1.   Formwork that does not require design drawings pursuant to Section 3305.3.2.1; and

   2.   One- two- and three-family dwellings and accessory uses to such buildings.

Formwork shall be observed at intervals permitting observation of representative configurations throughout the project duration. The formwork designer shall maintain a log of such observations at the construction site. At a minimum, observations shall be made:

   1.   Immediately after formwork related incidents or violations are issued; and

   2.   When concrete construction operations are significantly modified such as changes to form materials, concrete placement cycle, or form and support layout prior to use of the change.

Where the individual performing the formwork observation pursuant to Section 3305.3.3.2 discovers a discrepancy from the formwork design, such discrepancy shall be immediately brought to the attention of the concrete contractor. The concrete contractor shall be responsible for correcting the discrepancy. In addition, the site safety manager, site safety coordinator, and concrete safety manager, as applicable, shall be notified of discrepancies from the formwork design that relate to site safety. Follow-up observations to confirm corrective action has been taken shall be made by the formwork designer or his or her qualified designee pursuant to Section 3305.3.3.2.

Where an observed formwork condition hazardous to life, safety, or health is not immediately corrected by the responsible contractor, the formwork designer or his or her qualified designee pursuant to Section 3305.3.3.2 shall immediately report such hazardous formwork condition and such failure to correct the hazardous formwork condition to the commissioner.

Concrete formwork, including but not limited to forms, shores, and shoring foundations, shall be constructed in conformance with the design drawings, where such drawings are required by Section 3305.3.2.1, and shall also be constructed to comply with the requirements of Sections 3305.3.4.1 through 3305.3.4.5.

Field-constructed lap splices, other than approved devices, shall not be used more often than for every other shore under slabs or for every third shore under beams and shall develop the full strength of the members. Such spliced shores shall be uniformly distributed throughout the work. Splices shall not be located near the midheight of the shores unless lateral support is provided, nor midway between points of lateral support.

Vertical shores incorporated in multi-stage shores shall be set plumb and in alignment with lower tiers so that loads from upper tiers are transferred directly to the lower tiers, or adequate transfer members shall be provided. Provision shall be made to transfer the lateral loads to the ground or to completed construction of adequate strength. Vertical shores shall be so erected that they cannot tilt, and shall have firm bearing. Inclined shores and the bearing ends of all shores shall be braced against slipping or sliding. The bearing surfaces shall be cut square and have a tight fit at splices.

Runways for moving equipment shall be provided with struts or legs as required and shall be supported directly on the formwork or structural member and not on the reinforcement.

Any unsafe condition or necessary adjustment revealed by inspection shall be remedied immediately. If, during construction, any weakness develops and the formwork shows any undue settlement or distortion, the work shall be stopped, the affected construction removed if permanently damaged, and the formwork strengthened.

Horizontal formwork deck panels and beam formwork located within 16 feet (4877 mm) from the building perimeter shall be positively attached to all formwork support systems at a minimum.

The removal of forms and shoring shall comply with the requirements of Sections 3305.3.5.1 through 3305.3.5.6.

Before starting construction, the contractor shall develop a procedure and schedule for removal of shores and installation of reshores and for calculating the loads transferred to the structure during the process.

The structural analysis and concrete strength data used in planning and implementing form removal and reshoring shall be furnished by the registered design professional responsible for the removal schedule to the commissioner when so requested.

No construction loads shall be supported on, nor any shoring removed from, any part of the structure under construction except when that portion of the structure in combination with the remaining forming and shoring system has sufficient strength to support safely its weight and the loads placed thereon.

Sufficient strength shall be demonstrated by structural analysis of the proposed loads, the strength of the forming and shoring system, and concrete strength data. Concrete strength data shall be based on tests of field-cured cylinders or, when approved by the commissioner, on other procedures for evaluating concrete strength.

No construction loads exceeding the combination of superimposed dead load plus specified live load shall be supported on any unshored portion of the structure under construction, unless analysis indicates adequate strength to support such additional loads.

Form supports for pre-stressed concrete members shall not be removed until sufficient prestressing has been applied to prestressed members to carry their dead load and anticipated construction loads.

Forms shall be removed in such a manner as to assure the complete safety of the public and property.

Where the structure as a whole is supported on shores, beam and girder sides, columns and similar vertical forms may be removed after the concrete is sufficiently hard to withstand damage from the removal. In no case shall the supporting forms or shoring be removed until the members have acquired sufficient strength to support safely their weight and the load thereon.

The results of control tests, including concrete cylinder specimens prepared in accordance with ASTM C 31, cast-in-place cores, or other device that will produce test specimens representative of the condition of the concrete in place, of suitable size and proportions, and approved by the registered design professional of record shall be evidence that the concrete has attained sufficient strength or the strength as may be specified on the drawings.

Reshoring shall be provided to support the construction where forms and shores are stripped before the concrete has attained sufficient strength to support the superimposed loads due to construction above. Reshoring shall comply with Sections 3305.3.6.1 through 3305.3.6.8.

Reshores shall comply with the requirements of Sections 3305.3.6.1.1 through 3305.3.6.1.7.

Reshores of wood or metal shall be screw adjusted or jacked and locked and wedged to make them secure. Reshores shall not be jacked or screwed so tightly that they preload the floor below or remove the normal deflection of the slab above.

Reshores within 10 feet (3048 mm) of an unenclosed perimeter of a building shall be secured to prevent them from falling off the building.

Wedges shall not be used within 10 feet (3048 mm) of the facade or at such other locations as determined by the commissioner.

In no case shall shores be so located as to alter the pattern of stresses determined in the original structural analysis or to induce tensile stresses where reinforcing bars are not provided.

Reshores shall be perpendicular to the surface that they are supporting.

Adjusting devices shall not be used if heavily rusted, bent, dented, rewelded or having broken weldments or other defects.

Metal shoring and accessory parts shall be fully operative when in use.

Reshoring shall comply with the requirements of Sections 3305.3.6.2.1 through 3305.3.6.2.3.

Extra shores or material and equipment that might be needed in an emergency shall be furnished.

Care shall be taken while stripping is underway to insure that material does not fall off the building.

Building materials shall be properly piled and tied or contained.

Lateral bracing shall be provided during reshoring operations, and reshores shall be located as close as practical to the same position on each floor to provide continuous support from floor to floor.

Where reshoring of beam and girder construction is required, the forms shall not be removed from more than one girder at a time, and the girder shall be reshored before any other supports are removed. After the supporting girders are reshored, the form shall be removed from one beam with its adjacent slabs and the beam shall be reshored before any other supports are removed. Slabs spanning 10 feet (3048 mm) or more shall be reshored along the centerline of the span.

Where reshoring of flat-slab construction is required, the formwork cannot be stripped until the concrete has acquired sufficient strength to safely support its weight and the load thereon, or temporary preshores are provided supporting the slab at intervals of no more than 8 feet (2438 mm) on center to be replaced by reshores prior to placing concrete on the floor above. Reshores must be installed and remain in place until the concrete reaches full or sufficient strength to sustain the superimposed loads to which the concrete will be subjected.

Debris generated as a result of stripping operations shall be immediately contained and removed at reasonable intervals. Stripping operations on concrete structures shall not be performed more than three stories below the story being formed.

Solid safety shields shall be provided at end anchorages of prestressing beds, or where necessary, for protection against breakage of prestressing strands, cables, or other assemblies during prestressing or casting operations.

A signed and sealed reshoring schedule shall be provided and maintained at the construction site whenever reshoring is employed.

Exception: A separate reshoring schedule is not required when the required reshoring information is covered on the approved construction documents prepared by the applicant of record.

The contractor may submit alternate methods of stripping, shoring, reshoring, and strength control for approval by the registered design professional of record, subject to review by the commissioner.

In addition to the requirements of Section 2002, the erection of aluminum used for structural purposes shall comply with the requirements of Sections 3305.4.1 through 3305.4.4.

All framework shall be carried up true and plumb.

Temporary bracing shall be provided to support all loads imposed upon the framework during construction that are in excess of those for which the framework was designed.

As erection progresses, the work shall be securely bolted or welded to resist all dead loads, wind, and erection stresses.

The structure shall be properly aligned before riveting, permanent bolting, or welding is performed.

The requirements of Section 2104.6 shall apply.

All full demolition and partial demolition operations shall be performed in accordance with the requirements of this section.

Demolition operations shall not commence until the applicable pedestrian and adjoining property protection is in place as required by Sections 3307, 3308, and 3309.

A safety zone shall be provided around all demolition areas to prevent persons other than workers from entering such zone. Where demolition occurs on the exterior of a building, such zone shall be approved by the commissioner prior to the commencement of demolition. Where mechanical demolition equipment, other than handheld devices, is to be used for the full demolition of a building, the safety zone shall be equal to or greater than half the height of the building to be demolished; such safety zone may be reduced by the same ratio as the building is being demolished.

Exception: Approval of the commissioner is not required for a safety zone established for demolition on the exterior of a building, provided the work is a minor alteration or ordinary repair and is accomplished without any mechanical demolition equipment, other than handheld devices.

The permit holder shall notify the department and adjoining building owners prior to the commencement of full and partial demolition operations in accordance with Sections 3306.3.1 and 3306.3.2.

   1.   Notification to the department or adjoining owners is not required for partial demolition operations limited to the interior components of a building provided no mechanical demolition equipment, other than handheld devices, are used.

   2.   Notification to the department or adjoining owners is not required for partial demolition that occurs on the exterior of a building, provided such work is a minor alteration or ordinary repair, and is accomplished without any mechanical demolition equipment, other than handheld devices.

The permit holder shall notify the department via phone or electronically at least 24 hours, but no more than 48 hours prior to the commencement of such work.

Adjoining property owners shall be notified of upcoming demolition operations in writing not less than 10 days prior to the scheduled starting date of the demolition. The written notice shall provide a description of the work to be performed, the timeframe and schedule, and contact information of the person causing the demolition and of the department. Demolition or removal work that is to be done with the use of explosives shall also be subject to the notification requirements set forth in the New York City Fire Code.

Where mechanical demolition equipment, other than handheld devices, is to be used in the full or partial demolition of a building or structure, or is to be used to remove debris or move material, approval of the commissioner for the use of the mechanical demolition equipment must be obtained prior to the commencement of demolition operations.

Full and partial demolition operations shall be conducted in accordance with submittal documents. Such submittal documents shall comply with Sections 3306.5.1 through 3306.5.3.

Exceptions: Section 3306.5 shall not apply to:

   1.   Demolitions performed as emergency work pursuant to Section 28-215.1 of the Administrative Code when such work is monitored by a qualified person with experience in demolition operations who is employed by the city agency that has been directed to perform or arrange for the performance of such work. If the department or such city agency determines that there is a need for supervision of the work by a registered design professional, such city agency shall retain a registered design professional or cause a registered design professional to be retained to supervise the demolition operations.

   2.   The full demolition of a detached one- two- or three-family dwelling, or both halves of a semi-detached one- two- or three-family dwelling, or a detached accessory use to a one- two- or three-family dwelling, provided such dwelling or accessory use is three stories or fewer in height, and also provided that the demolition is to be accomplished without any mechanical demolition equipment, other than handheld devices.

   3.   The removal, with mechanical demolition equipment, of foundations and landscaping elements, including but not limited to foundation walls, slabs, stoops, driveways, or pools supporting or accessory to a detached or semi-detached one- two- or three-family dwelling.

   4.   The full demolition of a fully detached building that is three stories or fewer and with a floor area of 5,000 square feet (464.5 m2) or less per story, provided such demolition is to be accomplished without any mechanical demolition equipment, other than handheld devices.

   5.   Partial demolition operations accomplished without any mechanical demolition equipment, other than handheld devices, provided such work is a minor alteration or ordinary repair.

Submittal documents shall be approved by the department before demolition work begins. Such submittal documents shall be signed, sealed, and submitted by a registered design professional and shall contain, at a minimum, the following:

   1.   Plans, sections, and details of the building, or portion thereof, to be demolished clearly showing the extent and sequence of the demolition;

   2.   Bracing and shoring necessary to support all demolition operations, and adjoining ground or structures as needed, through all sequences of the demolition;

   3.   Where mechanical demolition equipment, other than handheld devices, is to be used, a listing and description of all such proposed equipment to be used in the demolition, including the scope of equipment work and positioning of equipment on the existing structure. The description of the equipment shall include calculations showing the adequacy of the existing structure to support loads imposed by such equipment. If more than one piece of demolition equipment is proposed to be used at the same time, the effect of the simultaneous loads imposed on the existing structure shall be described and investigated; and

   4.   A description of compliance with the applicable provisions of Section 3306.9 of this code.

Exception: For a partial demolition using mechanical demolition equipment, the bracing and shoring details required by item number 2 above may be included on signed and sealed shop drawings to be kept on site, separate and apart from the submittal documents, provided the allowance for shop drawings is designated on the submittal documents.

Submittal documents for full or partial demolition using mechanical equipment other than handheld shall be signed, sealed and submitted by a registered design professional.

The approved set of submittal documents shall be kept at the site at all times and be accessible for inspection in accordance with Section 3301.7. It shall be a violation of this code to use mechanical equipment, whether handheld or other than handheld, to perform full or partial demolitions unless the approved submittal documents required by Section 3306.5.1 are available for inspection. Failure to make submittal documents available on site may result in the issuance of a stop work order.

Where submittal documents are required in connection with full or partial demolition in accordance with Section 3306.5, applications shall be filed by the registered design professional in accordance with Article 104 of Chapter 1 of Title 28 of the Administrative Code and shall be approved prior to issuance of the work permit.

Demolition shall be subject to special inspection in accordance with Chapter 17.

Where a structure to be demolished has been partially wrecked or weakened by fire, flood, explosion, age, or other causes, it shall be shored or braced to the extent necessary to permit orderly full demolition or partial demolition without collapse. The necessary measures to ensure a safe demolition shall be determined by the owner's registered design professional and shall be approved by the commissioner.

Exception: Shoring or bracing are not required for the full demolition of a building, subject to the approval of the commissioner, provided:

   1.   The demolition is conducted with mechanical demolition equipment, other than handheld devices; and

   2.   No demolition operation occurs, or equipment is located, within the structure of the building.