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What is NYC AC § 28-218.5?

Quick Answer

This section outlines the compliance monitoring responsibilities of the Site Safety Coordinator (SCO) as designated by the commissioner. The SCO is authorized to inspect sites and monitor operations for up to 90 days, with potential extensions if initial conditions are not met. Applies to building owners subject to compliance monitoring requirements.

General informational summary. Not legal advice for your situation. Consult an attorney before acting on any specific matter.

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§ 28-218.5 Compliance monitoring.

AC § 28-218.5

The SCO shall monitor the operations related to the circumstances and conditions that the commissioner has identified pursuant to section 28-218.2 until the areas of concern set forth by the commissioner have been addressed as determined by the commissioner, but in no case shall any monitoring period exceed 90 days. For such purpose, the SCO and his or her employees shall be designated as authorized representatives of the commissioner with authority pursuant to section 28-103.13 of this code to enter upon and examine and inspect at all reasonable times any site, building or structure. In the event that the conditions set out in the commissioner's determination, pursuant to section 28-218.2, to require a SCO have not been satisfied within the prescribed monitoring period, the commissioner may order the general contractor to appoint another SCO subject to the approval of the department, who shall be a different SCO than the initial SCO, to monitor operations for an additional period not to exceed 90 days. (Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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