Regulation of Construction Superintendents
Proposed Rules: Closed to Comments
Statement of Basis and Purpose
This rule repeals Chapter 48 of Title 1 of the Rules of the City of New York relating to construction superintendents, and amends Chapter 3300 of Title 1 of the Rules of the City of New York by adding a new section 3301-02 in its place.
This rule promotes public safety by adding several requirements that the current rule does not cover and by requiring construction superintendents to supervise construction on a greater range of jobs.
The proposed rule changes the following aspects of the construction superintendent’s role:
- Jobs that require a construction superintendent: The proposed rule expands the requirement for a construction superintendent to alterations, including alterations of 1-, 2-, and 3-family dwellings, which comprise at least one of the following:
- vertical or horizontal enlargement;
- alteration or demolition of more than fifty percent (50%) of the floor area;
- the removal of one (1) or more floors; or
- work that requires a special inspection for underpinning or the protection of sides of excavations.
The proposed rule also eliminates overlapping oversight requirements that exist between Chapter 48 and the New York City Construction Codes.
- Designation of primary and alternate construction superintendents: The proposed rule requires the permit holder to immediately notify the Department if the primary construction superintendent is permanently replaced. Further, the proposed rule requires the permit holder to notify the Department if an alternate construction superintendent serves in place of the primary construction superintendent for a period of two or more weeks. These processes mirror those applicable to site safety managers and coordinators.
- Duties: The proposed rule expands upon construction superintendents’ duties by requiring that construction superintendents, among other duties, visit each job site for which they are responsible each day that active work occurs at the site; inspect every area where work is occurring at each job site during each visit in order to verify compliance with the approved construction documents and Chapter 33 of the New York City Building Code; and designate a competent person who is present at the site at all times work occurs.
- Log Requirements: While the current rule does not contain any log requirements, the proposed rule requires that construction superintendents maintain a detailed log of work that occurs at each job site for which they are responsible. The proposed rule details the items construction superintendents must record in this log. This will ensure that construction superintendents are actively involved in the work occurring at each job site.
- Qualifications: The proposed rule provides that construction superintendents are subject to the licensing provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code. The proposed rule also makes several changes to the experience and credential requirements construction superintendents must satisfy.
- Renewal: While the current rule requires proof that the renewing construction superintendent has completed a seven-hour Site Safety Manager course approved by the Department, the proposed rule requires proof that the renewing construction superintendent has completed an eight-hour Site Safety Coordinator course approved by the Department. The proposed rule also provides that renewals are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the New York City Administrative Code. This will allow the Department to hold construction superintendents to the same standards as licensees.
- Discipline: Under the proposed rule, construction superintendents are subject to the disciplinary provisions of section 28-401.19 of the New York City Administrative Code, including denial of issuance or renewal of construction superintendent registrations.
The Department of Buildings’ authority for this rule is found in Section 643 and 1043(a) of the New York City Charter and section 3301.3 of the New York City Building Code.
New material is underlined.
[Deleted material is in brackets.]