§ 3301-04 Duties of the Construction Superintendent.
RCNY § 3301-04
(a)Duties. Construction superintendents, at a minimum, must perform the duties set out in this section at each job site for which the construction superintendent is responsible.
(b)Definitions. For purposes of this section, the following terms have the following meanings: Approved Documents. The term “approved documents” has the same meaning as set forth in Section 3301.13.2 of the New York City Building Code. Competent person. The term “competent person” has the same meaning as set forth in Section 202 of the New York City Building Code. Construction Superintendent. The primary construction superintendent, designated pursuant to Section 3301.13.3 of the New York City Building Code, or the alternate construction superintendent designated pursuant to Section 3301.13.5 of the New York City Building Code when acting in place of the primary construction superintendent. License. The term “license” has the same meaning as set forth in § 28-401.3 of the New York City Administrative Code. Licensee. An individual, sole proprietorship, partnership, corporation, business association or other person who holds a license issued by the department. Qualified person. The term “qualified person” has the same meaning as set forth in Section 202 of the New York City Building Code. Registered design professional. The term “registered design professional” has the same meaning as set forth in § 28-101.5 of the New York City Administrative Code. Special inspector. The term “special inspector” has the same meaning as set forth in § 28-101.5 of the New York City Administrative Code.
(c)Ensuring compliance. In order to satisfy the requirements of items number 1 and 2 of Section 3301.13.7 of the New York City Building Code, the construction superintendent must, at a minimum, ensure compliance with the requirements listed in Table 1: Table 1: Compliance Requirements The construction superintendent must ensure that:(1)Work required to be performed by or supervised by a licensee is performed by or supervised by the appropriate licensee. 1(2)Required supervisors are present during activities required to be supervised by a competent person in accordance with Chapter 33 of the New York City Building Code or rules promulgated thereunder. 2(3)Inspections, monitoring, examinations, or similar checks requiring a registered design professional, qualified person, or competent person are performed by such person when required by Chapter 33 of the New York City Building Code or rules promulgated thereunder. 2(4)Work requiring a special inspection, as identified by the registered design professional of record, or work requiring an inspection, monitoring, examination, or similar check, as required by Chapter 33 of the New York City Building Code or rules promulgated thereunder, remains accessible until the inspection, monitoring, examination, or similar check has been successfully completed. 3(5)Work contingent upon successful completion of a special inspection, as identified by the registered design professional of record, or an inspection, monitoring, examination, or similar check, as required by Chapter 33 of the New York City Building Code or rules promulgated thereunder does not proceed until the inspection has been successfully completed. 3(6)Ongoing and completed work complies with approved documents. 4(7)When dewatering operations are occurring, compliance is maintained with the dewatering plan and dewatering monitoring program required by Section 3303.14.5 of the New York City Building Code. 5(8)When excavation operations are occurring or an open excavation is present at the site, compliance is maintained with the support of excavation plan required by Section 3304.4.1 of the New York City Building Code, 4 or where the work is exempt from a support of excavation plan, the work remains within the scope of the applicable exemption and maintains compliance with the applicable provisions of Section 3304.4 of the New York City Building Code.(9)When slurry is utilized to support an excavation, trench, or drilled or bored hole, compliance is maintained with the slurry installation procedures required by Section 3304.12 of the New York City Building Code. 4(10)When underpinning, or other methods of supporting buildings or adjacent property, are being installed, compliance is maintained with the installation procedures for the underpinning, or other methods of support, as specified on the construction documents required by Section 1817 of the New York City Building Code. 4(11)When structural steel, precast concrete, or structural aluminum is being installed, or when concrete formwork is being installed or removed, or concrete is being placed, compliance is maintained with the applicable provisions of Section 3305 of the New York City Building Code, 6 including but not limited to ensuring compliance is maintained with shop drawings, erection drawings, formwork design drawings, shoring and bracing drawings, reshoring schedules, and similar documents prepared by a registered design professional. 4(12)When cold formed steel is being installed, all requirements imposed upon the construction superintendent by Section 3305.8 of the New York City Building Code are complied with.(13)During concrete placement in cold or hot weather, procedures to implement the requirements of Sections 1905.12 and 1905.13 of the New York City Building Code are in place.(14)When masonry construction is occurring, compliance is maintained with the masonry bracing plan required by Section 2104.5 of the New York City Building Code. 4(15)During demolition operations, compliance is maintained with the demolition submittal documents required by Section 3306.5 of the New York City Building Code, 4 or where the work is exempt from demolition submittal documents, the work remains within the scope of the applicable exemption and maintains compliance with the applicable provisions of Sections 3306.7, 3306.8, and 3306.9 of the New York City Building Code.(16)During demolition operations requiring a demolition monitoring plan, compliance is maintained with the demolition monitoring plan required by Sections 3306.12 or 3306.13 of the New York City Building Code. 5(17)During demolition operations, compliance is maintained with the access and safety zone provisions of Sections 3306.2.1 and 3306.2.2 of the New York City Building Code.(18)Hoisting operations have ceased when the wind speed exceeds either 30 mph (3-second gust), the threshold specified by the manufacturer of the hoisting equipment, or the threshold indicated on approved documents, whichever is lower.(19)The site is secured for inclement weather.(20)The site is locked or otherwise secured at the end of the shift, with watchpersons or security monitoring in place when required by Section 3303.3 of the New York City Building Code.(21)For after-hours work, an after-hours variance has been obtained, and the work is in compliance with the requirements and stipulations for the after-hours work. Notes to Table 1: 1. For certain license types, supervision may be in the form of offsite supervision by the licensee in accordance with code and rules. The construction superintendent is not required to determine if individuals supervised by the licensee are employed by the licensee or qualified to perform the work of the licensee’s trade.
2.The construction superintendent is not required to determine if the individual possesses the proper qualifications to serve as a supervisor or inspector. It is the responsibility of licensed professionals to practice within their authorized scope of practice. It is the responsibility of permit holders, contractors, and similar entities to designate only persons who meet the criteria of a competent person or qualified person for work requiring such persons.
3.Successful completion to be determined by the special inspector, registered design professional, qualified person, or competent person who performed the inspection, monitoring, examination, or similar check.
4.For elements of a plan, document, or specification inspected by a special inspector or registered design professional, the construction superintendent need only verify the inspection occurred and was passed by the special inspector or registered design professional.
5.Where the monitoring program calls for monitoring to be performed by a registered design professional, qualified person, or competent person, the construction superintendent need only verify such individual is present as required by the monitoring plan. The criteria of footnote 2 also applies.
6.Excluding provisions related to design calculations and the content of approved documents prepared by a registered design professional. This does not relieve the construction superintendent from their obligations per item #6 of this table.
(d)Inspections. Inspections required to satisfy the requirements of Section 3301.13.8 of the New York City Building Code must, at a minimum, include an inspection of all items prescribed in Section 3310.8.3.2 of the New York City Building Code and those prescribed in Tables 1 through 9 of Section 3310-01 of these rules. The inspections must be personally performed by the construction superintendent. Inspections specified in Tables 1 through 9 of 1 RCNY § 3310-01 and required to occur at a frequency of “throughout the day” are, for purposes of this rule, required to be performed daily. Exception: Where a site safety manager or coordinator has been designated for the job in accordance with Section 3310 of the New York City Building Code, the construction superintendent does not need to perform the inspections required by this subdivision. Site safety inspections must be performed by the site safety manager or coordinator in accordance with Section 3310 of the New York City Building Code.
(e)Unsafe conditions. Unsafe conditions discovered by the construction superintendent must be corrected in accordance with Section 3301.13.9 of the New York City Building Code.
(f)Documenting in the construction super log. The date, location, and result of inspections required by subdivision (d) of this section must be recorded in the construction superintendent log required by Section 3301.13.13 of the New York City Building Code.
(g)Additional duties. The construction superintendent must also fulfill all other duties assigned by code and rule, including but not limited to those specified in items 3 and 4 of Section 3301.13.7 of the New York City Building Code. Nothing in this rule prevents the permit holder from assigning additional duties to the construction superintendent, including, but not limited to, monitoring for compliance with other applicable laws and regulations when the construction superintendent is qualified or competent to do so in accordance with such other laws and regulations.
(h)Does not diminish responsibility. Nothing in this rule is intended to alter or diminish any obligation otherwise imposed by law on individuals other than a construction superintendent, including, but not limited to, the owner, permit holder, construction manager, general contractor, contractor, materialman, architect, engineer, land surveyor, site safety manager, site safety coordinator, concrete safety manager, 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 job site. (Added City Record 12/2/2024, eff. 1/1/2025)
