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What is NYC AC § 28-202.3.1?

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This section defines specific terms related to violation ratios for construction sites, including 'threshold violation ratio' and 'violation ratio.' These definitions are pertinent for assessing the compliance status of construction sites in New York City. Applies to building owners and operators involved in construction activities.

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

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§ 28-202.3.1 Definitions.

AC § 28-202.3.1

The following words and terms shall, for the purposes of section 28-202.3, have the meanings shown herein. THRESHOLD VIOLATION RATIO. For a major building site, the ninetieth percentile of violation ratios for major building sites in the city as of December 31 of the immediately preceding calendar year. For a construction site that only involves work on a one-, two- or three-family building, the ninetieth percentile of violation ratios for construction sites that only involve work on a one-, two- or three-family building in the city as of December 31 of the immediately preceding calendar year. For a construction site that is not a major building site and that does not only involve work on a one-, two- or three-family building, the ninetieth percentile of violation ratios for construction sites that are not major building sites and that do not only involve work on a one-, two- or three-family building in the city as of December 31 of the immediately preceding calendar year. VIOLATION RATIO. With respect to a construction site, (i) the number of immediately hazardous violations and major violations issued against such site in the preceding 12 months, excluding any violations that have been dismissed or that are currently in the appeals process, divided by the square footage of the footprint of such site or (ii) an alternative ratio established by department rule and that the department determines is appropriate for identifying construction sites with high rates of immediately hazardous violations, major violations or unsafe conditions for the purposes of section 28-202.3, provided that such rule is promulgated on or after January 1, 2020. (L.L. 2017/205, 11/17/2017, eff. 6/1/2018; Am. L.L. 2021/126, 11/7/2021, eff. 11/7/2022) Editor's note: For related unconsolidated provisions, see Appendix A at L.L. 2021/126.

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