§ 101-07 Approved Agencies.
RCNY § 101-07
(a)Definitions. For the purposes of this section, all terms used herein shall have the same meanings as set forth in the New York City Building Code ("Building Code"). In addition, the following terms shall have the following meanings: (1) Approved boiler inspection agency. An agency employing qualified boiler inspectors.
(2)Approved inspection agency. An agency that is approved by the department as qualified to perform one or more of the inspections required by the New York City Construction Codes ("Construction Codes").
(3)Approved pipe welder qualifying agency. An agency that is approved by the department to qualify welders of gas piping installations in accordance with section 406.1.1.1 of the New York City Fuel Gas Code ("Fuel Gas Code") and high pressure steam piping systems in accordance with section 1210 of the New York City Mechanical Code ("Mechanical Code").
(4)Approved product certification agency. An inspection agency that is approved by the department as qualified to inspect at regular intervals the material that is to be or is listed and labeled, to verify that the labeled material is representative of the material tested.
(5)Approved progress inspection agency. An agency that is approved by the department as qualified to perform one or more of the progress inspections required by section BC 109 of the Building Code.
(6)Approved testing agency. An agency that is approved by the department as qualified to test and evaluate the performance of one or more of the materials regulated in its use by the Construction Codes. Such term shall include, when approved pursuant to department rules, a third party testing or certification agency, evaluation agency, testing laboratory, testing service or other entity concerned with product evaluation. Such term shall also include a licensed concrete testing laboratory.
(7)Certificate of compliance. A certificate stating that materials meet specified standards or that work was done in compliance with approved construction documents and other applicable provisions of law.
(8)Construction documents. Plans and specifications and other written, graphic and pictorial documents, prepared or assembled for describing the design, location and physical characteristics of the elements of the project necessary for obtaining a building permit.
(9)Qualified boiler inspector. An inspector who has been issued a certificate of competence by the State Department of Labor and who is employed by an authorized insurance company, a high pressure boiler operating engineer licensed pursuant to the provisions of the New York City Administrative Code ("Administrative Code"), a class A or class B oil burning equipment installer licensed pursuant to the provisions of such Code, a master plumber licensed pursuant to the provisions of such Code, or a journeyman plumber acting under the direct and continuing supervision of a master plumber licensed pursuant to the provisions of such Code. For inspection of boilers at properties owned or managed by the Department of Education, such term shall include an individual who has passed the National Board Commission examination and who has 5 years relevant experience, as defined below, approved by the department.
(10)Qualified commissioning agent. An individual with at least 3 years of relevant experience.
(11)Qualified elevator director. An individual licensed in accordance with Article 421 of Title 28 of the Administrative Code.
(12)Qualified elevator inspector. An individual licensed in accordance with Article 422 of Title 28 of the Administrative Code.
(13)Qualified exterior wall inspector. A registered design professional with at least seven years of relevant experience with facades over six stories.
(14)Qualified parking structure inspector. An engineer as defined in § 28-101.5 of the Administrative Code with three years of relevant experience with building structures.
(15)Qualified retaining wall inspector. An engineer as defined in § 28-101.5 of the Administrative Code with three years of relevant experience with retaining walls over 10 feet.
(16)Registered design professional. A New York State licensed and registered architect (RA) or a New York State licensed and registered professional engineer (PE).
(17)Relevant experience. Direct participation and practice related to the underlying construction activities that are the subject of the special or other inspection where such participation has led to accumulation of knowledge and skill required for the proper execution of the special or other inspection.
(18)Supervision. Oversight and responsible control by a registered design professional having the necessary qualifications and relevant experience to effectively perform responsibilities associated with the inspection being supervised. Field supervision shall include responsibility for determining competence of special inspectors for the work they are authorized to inspect and monitoring the inspection activities at the jobsite to assure that the qualified inspector is performing his or her duties when work requiring inspection is in progress. The supervisor shall review inspection progress reports and final reports for conformance with the approved plans, specifications and workmanship provisions of the Building Code. Such supervision and control shall be evidenced by the supervisor's signature and seal upon any required statements, applications and/or reports.
(19)Technician. An employee of the inspection or testing agency assigned to perform the actual operations of inspection or testing. See ASTM E 329-14a, paragraph 3.1.9.
(b)General requirements for approved agencies.
(1)Availability and compliance. An approved agency shall have responsibilities set forth in this rule and in the Building Code. Such agency shall employ experienced personnel qualified to conduct, supervise and evaluate the tests or inspections that it undertakes.
(ii)Confirm that the documents are sufficient to enable the proper performance of the test or inspection.
(iii)Confirm that any relevant approved construction documents are acceptable to the registered design professional of record or another design professional retained by the owner for the purpose of accepting shop drawings and that the manufacturers' instructions are current. Acceptance shall be demonstrated in writing on the drawing by the registered design professional.
(iv)Confirm through the test or inspection that the installation and materials are in compliance with all relevant documents, reference standards and the Building Code.
(c)Qualifications and responsibilities of approved agencies.
(i)A testing agency shall be deemed an approved testing agency for testing materials to specified standards in accordance with the Construction Codes and their referenced standards where such agency has achieved accreditation for such testing from International Accreditation Service, Inc. or an equivalent accrediting agency accrediting to the standards set forth in International Standards Organization ("ISO") 17025, 2005 edition (General Requirements for the Competence of Testing and Calibration Laboratories) or a federal agency. Accrediting agencies, other than federal agencies, must be members of an internationally recognized cooperation of laboratory and inspection.
(v)An approved testing agency shall furnish to the department such proof of qualifications of all personnel and information regarding the equipment used to perform tests as the department may from time to time request, and any other such information that the commissioner deems appropriate in assessing the competency of the agency's operations.
(vi)All approved testing and approved inspection agency inspection and test reports shall be retained in a form acceptable to the department and shall bear the name of the approved agency, its accreditation, license or department acceptance identification information where applicable, the name of the director who supervised the inspection or test, the names of all personnel who performed the inspection or test, and the names of all witnesses to such inspection or test.
3.Phased inspection for temporary certificates of occupancy. Prior to issuance of a temporary certificate of occupancy for less than the total scope of work, all work serving the portion of the building for which the temporary certificate of occupancy is to be issued must be inspected. Where a practical difficulty for some inspections is demonstrated to the commissioner, the commissioner may grant a waiver of those inspections for a specified time or until final inspection for the final certificate of occupancy.
4.Phased inspection of controls. Notwithstanding item 3 of this clause, where inspection of the HVAC and lighting controls for central head-end systems and communication networks depends upon completion of installation of all related end devices and components located in the building, such inspection of such controls for head-end systems and communication networks must be completed prior to issuance of a final certificate of occupancy.
5.Installed value more efficient than approved energy analysis. Where the progress inspector verifies that, for any given space or system, the installed performance value is more efficient than the performance value on the approved construction documents, the progress inspector may approve such space without the need for revised construction documents to be submitted to and approved by the Department.
(vii)A concrete testing laboratory shall maintain a New York City address or agent for the acceptance of service. A Post Office Box shall not be acceptable for such purposes.
(viii)A concrete testing laboratory's facilities and equipment shall be used exclusively for its own concrete testing and quality control and shall not be shared with other entities.
(ix)A concrete testing laboratory shall not engage in any activities that may conflict with their objective judgment and integrity, including but not limited to having a financial and/or other interest in the construction, installation, manufacture or maintenance of structures or components that they inspect.
(x)A concrete testing laboratory testing for the acceptance of concrete as part of a special inspection, shall be employed by the owner in accordance with section 1704.1 of the Building Code.
(d)Suspension or revocation and reinstatement of approved agency status.
(e)Obligations of others. Nothing in this section is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to, the 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. (Amended City Record 2/1/2016, eff. 3/2/2016; amended City Record 4/20/2018, eff. 5/20/2018; amended City Record 1/21/2020, eff. 2/20/2020; amended City Record 7/24/2020, eff. 8/23/2020; amended City Record 4/23/2021, eff. 5/23/2021; amended City Record 12/16/2021, eff. 1/15/2022; amended City Record 5/23/2022, eff. 6/22/2022; amended City Record 10/24/2023, eff. 11/23/2023) [
