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What is NYC BC § 1704.1.1.2?

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This section outlines the responsibilities of the special inspection agency, including ensuring independence from contractors, providing qualified inspectors, examining construction documents, conducting inspections, preparing reports, and maintaining records. The Department of Buildings oversees compliance. Applies to special inspection agencies involved in construction projects.

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

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1704.1.1.2 Responsibilities of the special inspection agency.

BC § 1704.1.1.2

The special inspection agency shall have the following duties and responsibilities: 1. Independence. The special inspection agency shall be independent of the contractors responsible for the work being inspected. The registered design professional of record is permitted to act as the approved special inspection agency and such agency's personnel are permitted to act as special inspectors for the work designed by the registered design professional of record, provided those personnel meet the qualification requirements of this section to the satisfaction of the department.

2.Qualifications. The special inspection agency shall ensure that qualified special inspectors are provided to perform special inspections in accordance with the rules of the department. Upon request of the registered design professional of record, the special inspection agency shall provide proof of inspector's and agency's qualifications, certifications, and other documents demonstrating compliance with department rules and regulations.

3.Construction documents. The special inspection agency shall examine all approved construction documents that relate to the work that is the subject of the special inspections to confirm that the documents are sufficient to enable the proper performance of the special inspection. The special inspection agency shall confirm that any shop drawings or sketches have been accepted by the registered design professional of record. Acceptance shall be demonstrated in writing by the registered design professional of record on the documents. All approved shop drawings, submittals and/or sketches are to be located on site and accessible to the special inspector at time of inspection.

4.Inspection. The special inspection agency shall observe work subject to special inspection to confirm that the work that is the subject of the special inspection is in compliance with the approved construction documents; with the approved shop drawings, where provided; and with the special inspection requirements of this code and department rules and regulations.

5.Tests. Where specifically required by this code, the performance of testing shall be by qualified special inspectors working for the special inspection agency. In all other instances, the special inspection agency shall observe testing to confirm that testing activities that are subject to special inspection are in compliance with the prescribed testing procedures.

6.Reports. The special inspection agency shall prepare reports of its inspections and tests, and such reports shall indicate that work inspected was or was not performed in conformance with approved construction documents. 6.1. Format. Special inspection reports and records of special inspections shall be in the form and format supplied by the commissioner. 6.2. Discrepancies. Discrepancies shall be brought to the immediate attention of the contractor and, when applicable, to the attention of the superintendent of construction, for correction. The discrepancies shall also be brought to the attention of the owner, and the registered design professional of record in a timely manner to allow for correction of the discrepancies. 6.3. Hazardous conditions. The special inspector shall report conditions noted as hazardous to life, safety or health that are not immediately corrected to the immediate attention of the commissioner. 6.4. Final report. Prior to issuance of a certificate of occupancy or letter of completion, a final report documenting the required special inspections, including any required performance or witnessing of tests, and correction of all discrepancies noted in the inspections shall be submitted to the department. Such report shall certify compliance with approved construction documents, deviations approved by the registered design professional of record in accordance with Section 1704.1.1.1 Item 4 of this code, and the administrative and procedural requirements of this code. 6.5. Approval of partially completed work. Reports of partially completed work shall be accepted when such reports indicate that the inspected work has been completed in accordance with the construction documents, and indicate the extent and the condition of the remaining work. 6.6. Maintain records. The special inspection agency shall maintain records of inspections for a period of 6 years from the date of the special inspection agency's final submittal or report of completed inspection. Such records shall be supplied to the commissioner upon request. The commissioner may require that special inspection reports be filed with the department and/or that such reports be otherwise made accessible for review.

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