In 2017 several pieces of legislation regarding construction have been passed by the New York City Council.  The result of these bills is more restrictive rules and penalties that will affect all construction professionals and property owners involved at all levels of construction and renovation work in the city.

 

Intro 1448-2017 is an amendment to Building Code Chapter 33, Safeguards During Construction or Demolition.  It is effective November 10, 2017.  “This bill would require that certain buildings under ten stories, excluding 1-, 2- and 3-family buildings, retain a construction superintendent, who, among other things, is responsible for maintaining a safe job site. Further, it would require that such buildings create a site safety plan and keep such plan on site”

 

This is an extremely restrictive attempt to protect the public that is essentially issued in an experimental roll out, but with real consequences.  The Site Safety Plan must be code compliant, though it will not be reviewed by either a DOB plan examiner or BEST squad.   Inspectors will be charged with determining compliance.  The site safety plan will involve a complex phasing and amending coordination process  as well as show FDNY enforced components.  Non compliance will result in a minimum of two entities – the owner and the general contractor being directly issued a violation and fine, applied per day and per infraction.

 

The Site Safety Plan does not have to be produced by a registered professional, and it does not need to be filed with the DOB.  However, it comes with specific requirements to be interpreted by building inspectors that at a minimum must meet 21 points of compliance.   The Site Safety plan must be kept on site and will be enforced by 200 newly hired building enforcement workers.