Chapter 4 of the NYC General Administrative Provisions (AC) for Construction Codes defines the various licensing and registration requirements, and qualifications of individuals employed on any project regulated by the Department of Buildings. AC 28-418 requires General Contractors (GC) to register with the department. AC 28-401.18 requires licensed Contractors to have a place of business in New York City. AC 28-418 requiresall registrants to include their license number and business information on trucks, business cards and advertisements.
Registered general contractors must also have safety endorsements from DOB for construction, concrete and demolition work if performing such work on buildings that are four stories or more. Based on the scope of a project, additional requirements may be applicable.
Non-registered contractors may perform limited work that is assigned a tracking number, but must pre-file with the department and provide proof of Workers’ Compensation and Disability Insurance.
Welders are required to obtain a license from the commissioner, per AC 28-407.
Licensed Contractors must register first to use the Department’s online ePermit processing system. A permit application must be completed online by the licensed or registered Contractor for the issuance of a renovation permit. Prior to issuing a permit for the approved project, the following are required:
Payment of any unpaid Project Application fees.
Identification of responsible Special Inspection Agencies (SIA).
Request for waiver of penalties, stop work order (SWO) or violations (former L2 Form).
Licensee’s license and insurance information must be active and current.
The Administrative Code of the City of New York §28-301.1 requires Owners to maintain their properties in a safe condition. All parties engaged in a construction or demolition 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, shall act in a reasonable and responsible manner to maintain a safe construction or demolition site per NYC BC 3301.1.1. Furthermore, any party engaged in construction or demolition work that results in damage to an adjacent property or if an accident occurs, the Department shall be notified.
Site Safety Regulations
For regulations related to the safety of employees on a construction or demolition site, OSHA Standards shall apply, per BC 3301.1.
Where required by the Commissioner, a Site Safety Plan must be approved by the Building Enforcement Safety Team (BEST) prior to approval to the new building application per BC 3310.3.
For regulations related to party wall protection, see NYC BC 3309.8.
For regulations related to waterproof integrity, per BC 3309.9.
The permit holder is required to notify the Department prior to excavation per NYC Building Code 3304.3.1.
Notification to adjoining property owners, per BC 3309.1.1.
All equipment shall be used according to the manufacturers’ specifications and the requirements of the NYC Building Code. Where there is a discrepancy, the stricter requirement shall apply, per BC 3301.1.3
Tobacco, lighters and matches are prohibited on asbestos abatement sites, per the New York City Administrative Code, Title 24 §24-139 and BC 3303.7.3.
Open fires are illegal on construction sites. NYC Fire Code §1404.3.
Approved portable fire extinguishers must be available on floors where combustible materials or liquids are stored, where combustible waste is being generated and at the entrance of each storage and construction shed, per NYC Fire Code §1415.1.
Temporary heating equipment used at construction sites, per NYC Fire Code §1403.
If you have a Fire Department variance to use a coal-fired heater, you must minimize the fire load on concrete construction projects, per NYC BC §3303.6 and NYC Fire Code §307.2.2. To apply for a variance, contact FDNY’s Bureau of Fire Prevention at (718) 999-2377.
Store materials away from flames, per NYC Fire Code §308.2.
All shanties and contractor sheds shall be built from fire-retardant or non-combustible materials and shall be located in safe area, per NYC Building Code §3303.1.3.
Where a means of ingress/egress to the property remains open to the public during the course of construction or demolition, walkways, pathways, and similar areas within the property line that provide a path of travel between the required means of ingress/egress and the public sidewalk or temporary walkway shall remain open per BC 3307.2.4.
Tenant/Occupant Protection Plan
NYC Administrative Code article AC 28-104.8.4 states construction documents for renovation in an occupied building during construction shall include a Tenant Protection Plan. Such plan shall contain a statement that the building contains dwelling units, offices, or similar, that will be occupied during construction. It shall also include the specific units that are occupied during construction and the means and methods to be employed to safeguard the safety and health of the occupants with details such as temporary fire-rated assemblies, opening protective, or dust containment procedures. The elements of the Tenant Protection Plan shall have detailed and specific provisions for egress, fire safety, structural safety, and health requirements, and demonstrate compliance with housing standards and noise restrictions.
In an occupied building, protective means (barricades, signs, drop cloths, etc.), shall also be installed and maintained as necessary to provide protection for the occupants against construction hazards and nuisances. Such protective means shall be indicated on the tenant protection plan per BC 3303.10.1.
Temporary Construction Equipment
Renovation projects such as excavation, demolition and façade repair can require the installation of temporary construction equipment such as sidewalk sheds, fences, scaffolds, material chutes, hoist, etc., required to safely move materials associated with the project, and to protect workers and the public, per article AC Section 28-105.8 and BC Chapter 33. Also refer to Construction Project Guidelines for Temporary Construction Equipment.
Special attention should go to restrictions on signage attached to temporary construction equipment. Typically, advertising signage may not be placed upon temporary construction equipment, while the placement of lawful accessory signage is limited per BC 3301.10.