§ 101-06 Special Inspectors and Special Inspection Agencies.
RCNY § 101-06
(a)Definitions. For the purposes of this section, the following terms will have the following meanings: (1) Accreditation. Evaluation of agencies, including testing and calibration laboratories, fabricators and inspection bodies, against internationally acceptable standards to demonstrate their performance capability. Such accreditation is required to be conducted by a nationally recognized accreditation agency accrediting to ISO 17020-12 international standard, the requirements of this section, and approved by the department.
(2)Applicant. An owner, primary director or technical director.
(3)Approved Construction Documents. Any and all documents that set forth the location and entire nature and extent of the proposed work with sufficient clarity and detail to show that the proposed work conforms to the provisions of this code and other applicable laws and rules. Such documents include but are not limited to shop drawings, specifications, manufacturer's instructions and standards that have been accepted by the design professional of record or such other design professional retained by the owner for this purpose.
(4)Approved Inspection Agency. This term has the same definition as established in § 28-101.5 of the Administrative Code.
(5)Certification. Documented acknowledgment by a nationally recognized organization of a technician's competency to perform certain functions.
(6)Commissioner. This term has the same definition as established in § 28-101.5 of the Administrative Code.
(7)Department. This term has the same definition as established in § 28-101.5 of the Administrative Code.
(8)Floor Area, Gross. This term has the same definition as established in section 202 of the Building Code.
(9)Full Demolition. This term has the same definition as established in section 202 of the Building Code (Demolition, Full).
(10)Job. A construction project that is the subject of one (1) or more department-issued permits.
(11)Major Building. This term has the same definition as established in section 202 of the Building Code.
(12)Materials. This term has the same definition as established in § 28-101.5 of the Administrative Code.
(13)New York City Construction Codes. The New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code, the New York City Fuel Gas Code, the New York City Energy Code, and Title 28, chapters 1 through 5 of the Administrative Code. Any reference to "this code" or "the code" is deemed a reference to the New York City Construction Codes as here defined.
(14)Owner. Any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in or control of the special inspection agency.
(15)Partial Demolition. This term has the same definition as established in section 202 of the Building Code (Demolition, Partial).
(16)Primary Director. An individual possessing one or more of the following licenses: Master Electrician, Master Fire Suppression Piping Contractor, Oil Burning Equipment Installer, Master Plumber, or Registered Design Professional and designated as "Director" in the Department's Special Inspection Agency registration.
(17)Registered Design Professional. A New York State licensed and registered architect (RA) or a New York State licensed and registered professional engineer (PE).
(18)Registered Design Professional of Record. The registered design professional who prepared or supervised the preparation of applicable construction documents filed with the department.
(19)Relevant Experience. Direct participation and practice related to the underlying construction activities that are the subject of the special inspection where such participation has led to accumulation of knowledge and skill required for the proper execution of such inspection.
(20)Special Inspection. Inspection of selected materials, equipment, installation, methods of construction, fabrication, erection or placement of components and connections, to ensure compliance with approved construction documents and referenced standards as required by Chapter 17 of the Building Code or elsewhere in the code or its referenced standards.
(21)Special Inspection Agency. An approved inspection agency employing one (1) or more persons who are special inspectors and that has met all requirements of this section.
(22)Special Inspection Category. The specific type(s) of special inspection(s) that a special inspection agency may perform in accordance with Appendix A of this section.
(23)Special Inspector. An individual employed by a special inspection agency, who has the required qualifications set forth in this section to perform or witness particular special inspections required by the code or by the rules of the department, including but not limited to a qualified registered design professional.
(24)Supervise/Supervision. With respect to a designated primary inspector or inspection supervisor as provided for in Appendix A of this section, oversight and responsible control by such primary inspector or inspection supervisor having the necessary qualifications and relevant experience to perform responsibilities associated with the special inspection. Such supervision will include ensuring training and/or education necessary to qualify the special inspector for his or her duties, including continued training and education necessary to keep pace with developing technology. Field supervision by the primary inspector or inspection supervisor as required by Appendix A of this section includes responsibility for determining competence of special inspectors for the work they are authorized to inspect and on-site monitoring of the special inspection activities at the job site to ensure that a qualified special inspector is performing his or her duties when work requiring inspection is in progress. With respect to a primary director or technical director of a special inspection agency, oversight and responsible control by such primary director or technical director who ensures that qualified inspectors are dispatched for special inspections, that such special inspectors properly document their activities, and that reports and logs are prepared in accordance with § 28-114.2 of the Administrative Code. Such supervision includes ensuring training and/or education necessary to qualify the special inspector for his or her duties, including continued training and education necessary to keep pace with developing technology.
(25)Technical Director. An individual possessing one or more of the following licenses: Master Electrician, Master Fire Suppression Piping Contractor, Oil Burning Equipment Installer, Master Plumber, or Registered Design Professional and designated as "Technical Director" in the Department's Special Inspection Agency registration.
(26)Technician. A person employed by the special inspection agency assigned to perform the inspection or testing of construction activities or materials used in construction or both. See ASTM E 329-21.
(27)Work. The construction activity including techniques, tests, materials and equipment that is subject to special inspection.
(b)Duties.
(1)Availability and Compliance. A special inspector or special inspection agency has the responsibilities set forth in Chapter 17 of the New York City Building Code and elsewhere in the codes where special inspections are required. The responsibilities of the special inspector or special inspection agency at a special inspection include those tasks and standards set forth in Chapter 17 of the code, the reference standards and elsewhere in the code, this section or any rule of any agency in connection with the work that is the subject of such special inspection.
(i)The primary inspector or inspection supervisor as provided for in Appendix A of this section must review special inspection progress reports and final reports for conformance with the approved plans, specifications and workmanship provisions of Chapter 17 of the New York City Building Code or elsewhere in the construction codes or their referenced standards. Such primary inspector or inspection supervisor must sign and seal any required statements, applications or reports.
(ii)The primary director or technical director of the special inspection agency must file notice of satisfactory completion of any special inspection with the department within ten (10) days of such completion on the forms and in the manner required by the department.
(c)Registration of Special Inspection Agencies.
(iii)Class 3. An agency registered as a Class 3 special inspection agency for a special inspection category is permitted to perform the work associated with this category on the following projects only: (A) The construction, demolition, or alteration of a one-, two-, or three-family dwelling; or (B) The alteration of any building, including partial demolition, of less than ten thousand (10,000) square feet of gross floor area in total. Exception: The special inspection categories of underpinning, mechanical means and methods of demolition, and the protection of the sides of excavations greater than ten (10) feet in depth must be performed only by special inspection agencies registered as either class 1 or class 2 special inspection agencies for such categories. Exception: The special inspection categories of underpinning, mechanical means and methods of demolition, and the protection of the sides of excavations greater than ten (10) feet in depth must be performed only by special inspection agencies registered as either class 1 or class 2 special inspection agencies for such categories.
(d)Disciplinary Actions.
(e)Obligations of Others. Nothing in this section is intended to alter or diminish any obligation otherwise imposed by law, including but not limited to the obligation of an owner, construction manager, general contractor, contractor, materialman, architect, engineer, site safety manager, land surveyor, superintendent of construction or other party involved in a construction project to engage in sound engineering, design, and construction practices, and to act in a reasonable and responsible manner to maintain a safe construction site.
