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What is NYC BC § 3310.5.2?

Quick Answer

This section mandates the presence of a site safety manager or coordinator during all active construction or demolition work phases, from excavation to site completion. Exceptions apply for specific activities not involving disturbance. The Department of Buildings enforces this rule. Applies to construction and demolition site operators.

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

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3310.5.2 Presence at the site.

BC § 3310.5.2

For the construction or alteration of a building, the site safety manager or coordinator shall be present at the site during all times while active work is occurring and through all phases of work, beginning with excavation and continuing until the building is enclosed and the sidewalk shed removed. For the demolition of a building, the site safety manager or coordinator shall be present at the site during all times while active work is occurring and through all phases of work, beginning with the removal of any glass, asbestos, or facade and, for a full demolition, continuing until the site has been backfilled to grade, or for a partial demolition until the building is enclosed and the sidewalk shed removed. Exceptions: 1. The site safety manager or coordinator is not required to be present at the site during the following activities, provided no other work is in progress: 1.1. Surveying that does not involve the disturbance of material, structure, or earth; 1.2. Use of a hoist exterior to the building to transport personnel only; 1.3. Use of a hoist that is fully enclosed within the perimeter of the building to transport personnel or material; 1.4. Work limited to finish troweling of concrete floors; 1.5. Work limited to providing the site with temporary heat, light, or water; 1.6. Truck deliveries to the site, provided the delivery occurs within the site while the gate is closed and flagpersons are provided to direct traffic while the truck is entering and exiting the site; 1.7. Painting; or 1.8. Landscaping that does not involve the disturbance of material, structure, or earth.

2.Subject to the approval of the commissioner, the requirement for a site safety manager, or where a site safety coordinator is authorized by this code, a site safety coordinator, may be waived entirely, or reduced to a part time basis with such part time basis determined by the commissioner, in accordance with Section 3310.11. (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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