Duties and Inspections Performed by Licensed Construction Superintendents
Rule status: Proposed
Agency: DOB
Comment by date: October 28, 2024
Rule Full Text
Proposed-Rule-Rules-relating-to-Duties-and-Inspections-performed-by-Licensed-Construction-Superintendents.pdf
This rule is intended to provide specificity and uniformity as to the duties and inspections performed by a construction superintendent licensed by the New York City Department of Buildings.
The proposed rule specifies the minimum set of tasks a construction superintendent is expected to perform in fulfilling their code obligations of maintaining a safe site, ensuring compliance with Chapter 33, and ensuring compliance with approved documents. This rule also proposes that the inspection performed by the construction superintendent, at sites that do not require a site safety manager or coordinator, is, at a minimum, the same as that performed by a site safety manager or coordinator; that is, such inspection by a construction superintendent must comply with the same list of items to be inspected as specified in section 3310-01 of these rules.
This proposed rule will require that the construction superintendent record in a log the results of the inspection performed. The rule also cross references other obligations of the construction superintendent, including the obligation under Section 3301.13.9 of the New York City Building Code to correct unsafe conditions, and includes statements to make clear the rule does not diminish any other responsibility the code imposes upon the construction superintendent.
Attendees who need reasonable accommodation for a disability such as a sign language translation should contact the agency by calling 1 (212) 393-2085 or emailing [email protected] by October 15, 2024
Send comments by
- Email: [email protected]
- Mail: Department of Buildings, 280 Broadway ; New York, New York 10007
Public Hearings
Date
October 28, 2024
11:00am - 12:00pm EDT
Location
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https://events.gcc.teams.microsoft.com/event/d054c29f-133e-4853-a3e7-88b78c2c7eda@32f56fc7-5f81-4e22-a95b-15da66513befPhone: 646-893-7101
Phone Conference ID: 496 984 866#
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Online comments: 1
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SAIDREZA B. FARROKH
Additional Changes should be made and considered by NYC-DOB:
a) NYC -DOB should consider a five-year renewal exam for all current NYC Superintendent licensee holders and those applied. The department has failed to verify the knowledge of these individuals pertaining to Chapter 33 “SAFEGUARDS DURING CONSTRUCTION OR DEMOLITION”; many of these superintendent have ZERO knowledge of this law and some cannot even read the specification and drawings. A mandatory five year exam will assist the department whether these individuals bother to update themselves on Chapter 33 changes and requirements.
b) Furthermore, the department has allowed individuals who apply for this license show ONLY five years of experience rather than 10 years of solid construction experience (meaning not just brother or father filled an experience verification form).
c) NYC-DOB should implement an enforcement scheme that NYC-DOB inspector can suspend or revoke these individual licensee in the case of the inspector documents the lack of understanding of the blue prints and/or not having a depth knowledge of chapter 33.
d) At this moment, NYC-DOB has failed to establish a scheme to insure that these individuals continue their education and have a depth knowledge of their responsibilities by caring such licenses. Taking a refresher and renew your license without taking an exam, encourage corruption and complacency. In order to obtain your driver license from motor vehicle commission, you require to have an eye exam…Do we need an eye exam since per stated code these individuals are supposedly to understand the related drawings and having knowledge of other related codes (plumbing, electrical, mechanical, steel, and all codes as established by NYC-DOB). How would a superintendent run a project without knowing what codes should be applied??!!
e) pertaining to inspection duties, this needs to be revised that site safety manager/site safety coordinator/superintendent MUST visit the entire construction site (meaning all floors) and documents that he/she has visited at least daily or weekly the entire construction site. I have been on many job sites and most of these individuals seat in their office rather than walking around the site. NYC-DOB inspector should have authority again to revoke or suspend the license in the case of such discovery, a so-called assistant to these individuals DOES NOT SUFFICE the requirements of chapter 33 “*3301.13.7 Duties of construction superintendents. 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 & 4. Visiting each job site for which the construction superintendent is responsible each day when active work is occurring. “……The last part of the stated code (#4) most of the time is NOT being done by either site safety manager or site safety coordinator or superintendent….An inspector of department can go through the site first and then ask for the documentation, he/she will discover that neither of these individual have ever visited each floor since those discovered deficiencies during the visit by NYC-DOB inspector should have been recorded if these individual have followed their duties as stated in part-#4. The inspector will discover that these individuals have NEVER left their desks or office or office trailer daily to visit each floor!!!
Thank you for your consideration in this matter and my sincere best wishes to the entire NYC-DOB team.
Saidreza B. Farrokh
HSE Compliance Director/Construction Safety Auditor
Teaching NYC – DOB classes
Has practiced Construction Health & Safety Since 1994
Comments close by October 28, 2024