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What is NYC BC § 3301.13.3?

Quick Answer

This section requires the permit holder to designate a primary construction superintendent for specific construction activities, including new buildings and significant alterations. The designated superintendent must notify the Department of Buildings prior to starting work. Applies to construction projects that pose enhanced risks to public safety and property.

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

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3301.13.3 Designation of primary construction superintendent.

BC § 3301.13.3

The permit holder shall designate a primary construction superintendent, who shall carry out all duties and responsibilities assigned to the construction superintendent by this chapter and rules promulgated by the commissioner, and notify the department of such designation prior to the commencement of work, for the following types of jobs: 1. The construction of a new building; 2. The full demolition of an existing building; 3. An alteration to an existing building that involves one or more of the following: 3.1 A vertical enlargement; 3.2 A horizontal enlargement; 3.3 The alteration or demolition of more than 50 percent of the gross floor area of the building during the course of work over any 12-month period; 3.4 The removal of one or more floors during the course of work over any 12-month period; 3.5 Work that requires a special inspection for underpinning; or 3.6 Work that requires a special inspection for the protection of sides of excavations; or 4. Other jobs that pose an enhanced risk to the public and property, as determined by the commissioner. Exception: A construction superintendent is not required for work that solely involves a 1-, 2-, or 3-family building, or an accessory use to such building, provided the permit holder for such work is registered as a general contractor in accordance with Article 418 of Chapter 4 of Title 28 of the Administrative Code. (Am. L.L. 2021/149, 12/11/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149.

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