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What is NYC BC § 3301.13.9?

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This section mandates that construction superintendents address unsafe conditions or practices at job sites. They are required to notify responsible parties and ensure corrective actions are taken, including ceasing operations if necessary. Applies to construction superintendents overseeing job sites in New York City.

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

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3301.13.9 Correcting unsafe conditions.

BC § 3301.13.9

In the event the construction superintendent discovers work or conditions at a job site for which he or she is responsible that are not being conducted in accordance with sound construction/demolition practices, not in compliance with approved documents, or not in compliance with this chapter and any rules promulgated thereunder, the construction superintendent must take all appropriate action to correct the unsafe work or condition, including but not limited to immediately notifying the person or persons responsible for creating the unsafe work or condition, and ordering the person or persons to correct the unsafe work or condition, to cease operations, or to leave the job site. Where unsafe work or an unsafe condition relates to an item which a registered design professional or special inspection agency is responsible for implementing or verifying, the construction superintendent must also notify the responsible registered design professional or special inspection agency of the unsafe work or condition. All such unsafe conditions, work, notices, orders, and corrective action must be recorded in the log required by Section 3301.13.13. (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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