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What is NYC BC § 3301.13.6?

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This section establishes limitations on the designation of primary or alternate construction superintendents, specifying that no individual may serve as the primary superintendent for more than ten jobs, with further restrictions phased in over subsequent years. Applies to construction superintendents overseeing building projects in New York City.

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3301.13.6 Limitations on the designation of primary or alternate construction superintendents.

BC § 3301.13.6

An individual may only be designated as a primary or alternate construction superintendent for that number of jobs for which he or she can adequately perform all required duties. No individual may be designated as the primary construction superintendent on more than ten jobs. Exceptions: 1. If one of the jobs for which the construction superintendent is designated as a primary construction superintendent is on a building that meets the definition of a major building, the individual may only be designated as the primary construction superintendent for that job and may not serve as the primary construction superintendent for any other job.

2.Notwithstanding Exception 1, beginning on June 1, 2022, no individual may be designated as the primary construction superintendent for more than five jobs.

3.Notwithstanding Exception 1, beginning on January 1, 2024 or a later date established by the department, provided that such date is not later than January 1, 2025, no individual may be designated as the primary construction superintendent for more than three jobs.

4.Notwithstanding Exception 1, beginning on January 1, 2026 or a later date established by the department, provided that such date is not later than January 1, 2027, no individual may be designated as the primary construction superintendent for more than one job.

5.A construction superintendent designated as the primary construction superintendent at a job site may serve as a non-primary construction superintendent at another job site, provided there is no work requiring the presence of such individual occurring at the job site for which the individual has been designated as the primary construction superintendent.

6.Subject to the approval of the commissioner, a construction superintendent may serve as the primary construction superintendent for multiple non-major building jobs located on the same lot or on contiguous lots. (Am. L.L. 2021/149, 12/11/2021, eff. 1/1/2022; Am. L.L. 2023/077, 6/11/2023, eff. 6/11/2023) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/149 and L.L. 2023/077

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