Section 3310 Requirements for the Construction or Demolition of Major Buildings

This section shall apply to:

1. The construction of a new major building;

2. The vertical or horizontal enlargement of a major building;

3. The full or partial demolition of a major building;

4. The alteration, maintenance, or repair of a façade of a major building, provided the building is more than 14 stories or 200 feet (60 960 mm) in height and also provided the façade work requires a sidewalk shed to be installed; and

5. Any construction or demolition work, including the alteration, maintenance, or repair of a façade, in a building so designated by the commissioner.

Exception: The requirements of this section shall not apply to partial demolition operations limited to the interior components of a major building provided no mechanical demolition equipment, other than handheld devices, are used.

Nothing contained herein shall diminish or supersede any other applicable city, state, or federal regulation.

See the definition of "Major building" in Section 3302.

No permit shall be issued for the type of work listed in Section 3310.1 until a site safety plan that meets the requirements of Article 110 of Chapter 1 of Title 28 of the Administrative Code has been approved by the department.

For a project that requires a site safety plan, the general contractor shall enact and maintain a site safety monitoring program to implement such site safety plan. The site safety monitoring program shall, at a minimum, comply with Sections 3310.5 through 3310.10.

Exception: Subject to the approval of the commissioner, a site safety monitoring program may be waived, reduced, or modified in accordance with Section 3310.11.

One or more site safety managers shall be designated, as necessary, to ensure compliance with the site safety plan and all site safety requirements as specified in this chapter. Such site safety manager or managers shall be designated by the owner, agent, construction manager, or general contractor. All such entities shall agree to designate one such site safety manager as the primary site safety manager, or where there is only one site safety manager, such manager shall automatically be designated as the primary site safety manager. Such site safety manager(s) shall be certified by the department in accordance with Article 402 of Chapter 4 of Title 28 of the Administrative Code.

Exception: One or more site safety coordinators, certified by the department in accordance with the requirements of Article 403 of Chapter 4 of Title 28 of the Administrative Code, may be designated in lieu of a site safety manager for the construction, vertical or horizontal enlargement, or full or partial demolition of a major building, provided such building:

1. Is less than 15 stories or 200 feet (60 960 mm) in height; and

2. Has a building footprint of 100,000 square feet (30 480 m²) or less.

The department shall be notified of the primary site safety manager or coordinator prior to the commencement of work. In the event that an alternate site safety manager or coordinator will be acting as the primary site safety manager or coordinator for a period longer than two consecutive weeks, the department must be so notified. Any permanent change of the primary site safety manager or coordinator requires immediate notification to the department.

For the construction or alteration of a building, the primary 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 primary 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 façade 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 primary 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 to transport personnel only;

1.3. Use of a material hoist that is fully enclosed within the perimeter of the building;

1.4. Finish trowelling of concrete floors;

1.5. When personnel are provided for temporary heat, light, or water;

1.6. Truck deliveries to the site where the sidewalk is closed and the entrance gate is within that closed sidewalk area.

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.

Where the primary site safety manager or coordinator is unable to be at the site, an alternate site safety manager or coordinator shall act as the primary site safety manager or coordinator. Such shall be recorded in the site safety log as required by Section 3310.8.4.2, and where required by Section 3310.5.1 notification shall be provided to the department.

No site safety manager or coordinator designated as the primary site safety manager or coordinator at a site shall serve as a site safety manager or coordinator at any other site.

Exceptions:

1. A site safety manager or coordinator designated as the primary site safety manager or coordinator at a site may serve as a nonprimary site safety manager or coordinator at another site, provided there is no work requiring the presence of such individual in accordance with Section 3310.5.2 occurring at the site for which the individual has been designated as the primary site safety manager or coordinator.

2. Subject to the approval of the commissioner, a site safety manager or coordinator may be designated as the primary site safety manager or coordinator at two or more sites, provided all sites have had their requirement for a primary site safety manager or coordinator reduced by the commissioner to a part time basis in accordance with Section 3310.11.

General contractors and subcontractors shall state to their directly employed personnel at the construction or demolition site, prior to such directly employed person commencing work at the site, that they are to follow all safety regulations at all times and that they are required to obey and implement all orders and directives relating to safety requirements issued by the general contractor/subcontractor or the general contractor's/subcontractor's designee. Where a site safety manager or coordinator is required, the general contractor or subcontractor shall also state to their directly employed personnel at the site, prior to such directly employed person commencing work at the site, that the site safety manager or coordinator is responsible for monitoring compliance with laws and rules governing site safety; and shall inform their supervisory personnel at the site, prior to such supervisor commencing work at the site, of the name and responsibilities of the site safety manager or coordinator. Nothing in this section shall relieve persons engaged in construction or demolition work from their obligations under this chapter, including but not limited to Sections 3301.1 and 3301.2, and from complying with other applicable provisions of law.

The site safety manager or coordinator shall monitor compliance with the safety requirements of this chapter by performing the duties required by Sections 3310.8.1 through 3310.8.6 and by performing all other safety duties assigned by the owner or general contractor to meet legal requirements.

The site safety manager or coordinator shall, at a minimum, meet on a weekly basis with the designated representative of each subcontractor to ascertain that all subcontractors are complying with the applicable provisions of this chapter.

In the event the site safety manager or coordinator discovers violation of this chapter, he or she shall immediately notify the person or persons responsible for creating the violation, whether these persons are employed by the general contractor or by subcontractors. If the site safety manager or coordinator is unable to obtain the cooperation of these persons in correcting the violation, he or she shall immediately inform the direct supervisor of the person or company responsible for creating the violation and request that the supervisor order the necessary corrective action. If such supervisor is not present at the site or is otherwise unavailable, the site safety manager or coordinator shall notify any other supervisory personnel of the permit holder or any other responsible manager or officer of the permit holder. All such violations and corrective work shall be recorded in the daily log.

The site safety manager or coordinator shall immediately notify the department directly if he or she discovers any of the following conditions in the routine performance of the job:

1. A person is operating a crane, derrick or hoisting equipment on the site without a permit and refuses to desist from operating the equipment;

2. A crane is being operated by an unlicensed operator and such unlicensed operator refuses to desist from operating the crane;

3. No flagperson is present during crane operation where required by this chapter;

4. Sidewalk sheds required by the site safety plan are not in place during construction or demolition activity;

5. Permits have not been issued for the sidewalk sheds;

6. The designer and/or supplier of sidewalk sheds has not certified that the sheds have been erected in accordance with the approved drawings;

7. Any accident as defined by this chapter;

8. Required standpipe is not in place at each story below the construction or demolition floor;

9. Required standpipe valves are not in place at each story below the construction or demolition floor;

10. Required standpipe is not capped;

11. Required standpipe is not connected to a water source or fire department connection;

12. Required standpipe fire department hose connection is obstructed;

13. Required standpipe fire department hose connections are not marked by a red light and a sign reading, "Standpipe Connection";

14. A breach exists in the required standpipe risers, cross connections, or fire department connections;

15. The standpipe alarm activates; or

16. When a building over 75 feet (22.86 m) is being constructed or demolished and at least one elevator in a state of readiness or one hoist is not available for fire department access per Section 3303.12.

Upon proper notification to the department of the existence of any of the above-noted circumstances, any responsibility the site safety manager or coordinator has under this code arising out of, relating to, or as a result of the existence of that circumstance, shall cease.

It shall be the responsibility of the site safety manager or coordinator to inspect personally, on a regular basis throughout the day while active work is occurring, the site to ensure compliance with the requirements of this chapter. At a minimum, inspections shall consist of those prescribed in rules promulgated by the commissioner, with such inspections performed personally by an individual certified by Chapter 4 of Title 28 of the Administrative Code as a site safety manager or coordinator.

The site safety manager or coordinator shall, at a minimum, in accordance with rules promulgated by the department, conduct daily checks to ensure that a standpipe system is available and in a state of readiness at all times for use by firefighting personnel, by verifying:

1. That valves are in place at each story below the construction floor;

2. That standpipes are connected to a water source or fire department connection; and

3. That fire department hose connections are free from obstruction and are marked by a red light and sign that reads, "Standpipe Connection."

The site safety manager or coordinator shall also, in accordance with such rules, conduct weekly checks to verify that no breach exists by visually tracing the standpipe, including risers, cross connections and fire department connections.

A record of all such inspections shall be maintained by such site safety manager or coordinator in the site safety log.

A site safety log shall be maintained and kept at the site. The log, or where there is more than one log, the logs in total, shall, at a minimum, contain the following information:

1. Date and location of inspections performed in accordance with Section 3310.8.3;

2. Date and names of individuals met with to satisfy the requirements of Section 3310.8.1;

3. Any unsafe acts and/or conditions, and dates and locations of said unsafe acts and/or conditions;

4. Companies and representatives notified of unsafe acts and/or conditions;

5. Dates of notification of unsafe acts and/or conditions;

6. Dates of correction of unsafe acts and/or conditions and nature of correction;

7. Any accident as defined by this chapter;

8. Any violations, stop work orders, or summonses issued by the department, including date issued and date lifted or dismissed;

9. Dates and location where horizontal and vertical safety netting have been installed, replaced and/or repaired;

10. Date horizontal safety netting is removed; and

11. Date when building reaches a height of 75 feet (22 860 mm).

Inspections shall be recorded by the end of the day by the site safety manager or coordinator who performed the inspection. The site safety log, or where there is more than one log, each individual log, shall be completed and signed by the site safety manager or coordinator who performed the inspection and by the site safety manager or coordinator designated as the primary site safety manager or coordinator in accordance with Section 3310.5.1.

Exception: Where a part time site safety manager or coordinator is approved by the commissioner in accordance with Section 3310.11, the site safety manager or coordinator shall sign the log when he or she arrives at the site and leaves the site, and all entries in the site safety log shall be completed and signed prior to leaving the site.

If at any point during the day an alternate site safety manager or coordinator acts as the primary site safety manager, this shall be noted in the log, and the acting primary site safety manager shall log in. If a site safety manager or coordinator is relieved of his or her responsibilities at the site, or a site safety manager or coordinator leaves the site for any reason, this shall be indicated in the site safety log, and another site safety manager or coordinator shall assume the duties of such relieved or absent site safety manager or coordinator by signing in.

Any equipment brought onto the job that requires permits, as well as a description of the equipment, where it is to be located, permit number, issue and expiration date of the permit, and certificate of inspection, if required, shall be entered on a separate permit log that shall be maintained at the site by the site safety manager or coordinator and kept at the site.

In addition to the above requirements, the site safety manager or coordinator shall use reasonable prudence to ensure that safety is maintained at the site as job conditions dictate.

The following additional personnel shall be employed to oversee concrete operations at a major building and such other classes of buildings or operations as the commissioner may designate by rule. These personnel shall coordinate directly with the primary site safety manager or coordinator designated in accordance with Section 3310.5.1. In all instances, the designated primary site safety manager or coordinator retains responsibility for ensuring compliance with the provisions of Section 3310 of this code and all applicable rules, and for signing the site safety log. The name and contact information of the additional site safety personnel shall be recorded in the site safety log.

A concrete safety manager shall be designated by the concrete contractor at those sites where the concrete portion of the project involves the pouring of a minimum of 2,000 cubic yards of concrete or such lesser amount as the commissioner may determine by rule. Concrete safety managers shall have five years of experience in concrete operations and shall have satisfactorily completed, within the five calendar years prior to registration, a thirty hour course approved by the commissioner that is sufficient to qualify the individual as a competent person under OSHA standards to oversee concrete operations, including such topics as formwork design, construction and stripping operations, rebar handling, and rigging. Concrete safety managers shall register with the department in the same manner as construction superintendents, and shall provide evidence of meeting the eligibility requirements set forth herein. No person shall perform the duties of a concrete safety manager without being registered as such with the department. The commissioner shall promulgate rules establishing the duration that such registration shall be valid and the requirements for renewal of the registration. The concrete safety manager shall be present during all concrete operations. For purposes of this section, "concrete operations" shall mean the pouring of concrete and the construction and stripping of concrete forms and related activities as specified by the commissioner.

All workers employed at a major building site shall receive orientation and training as required by this section and section 3321.

*Section 3310.10 was amended by Local Law 196 of 2017. This law has an effective date of October 16, 2017.

**Section 3310.10.2 and subsections were repealed by Local Law 196 of 2017. These changes went into effect on March 1, 2018.

The requirements of Section 3301.11 shall apply.

*Section 3310.10.1 was amended by Local Law 206 of 2017. This law has an effective date of May 16, 2017.

The commissioner may, based upon a written request from a registered design professional, waive, reduce, or modify the requirements for the site safety monitoring program for a job of a limited scope or duration, provided such waiver, reduction, or modification is not detrimental to the safety of the public and property, or that alternative means of protection for the public and property meeting or exceeding those afforded by this section are provided. A submission under this section may include, but not be limited to, a request to reduce or modify the type or frequency of inspections performed by the site safety manager or coordinator, or to allow a part time site safety manager or coordinator, or to waive the requirement for a site safety manager or coordinator.

A request submitted under Section 3310.11 shall include:

1. Details of the modification or alternative methods to be utilized;

2. Any stipulations;

3. A description of the work to be undertaken, for example:

3.1. Type of work;

3.2. Anticipated sequence and schedule;

3.3. The anticipated number of suspended scaffold drops;

3.4. Material handling and hoisting activities to be undertaken and equipment to be utilized;

3.5. The extent of demolition activities and equipment to be utilized;

3.6. Impact on the standpipe or sprinklers;

3.7. Use of welding, torches, or similar equipment;

3.8. Proximity to adjoining buildings or areas accessible to the public.

4. Demonstration that the request is not detrimental to the safety of the public and property, or that alternative means of protection for the public and property meet or exceed those afforded by this section are provided;

5. A description of the practical difficulty of complying with the site safety monitoring program requirements set forth in Section 3310;

6. Where the request is to reduce or modify the type or frequency of inspections performed by the site safety manager or coordinator, a proposed alternative list of site safety inspections;

7. Where the request is to allow a part time site safety manager or coordinator, a proposed schedule for the site safety manager or coordinator, as well as a proposed list of duties and site safety inspections to be performed by the site safety manager or coordinator while he or she is present at the site; and

8. Where the request involves a waiver of the site safety monitoring program or a request to allow a part time site safety manager or coordinator, a signed, dated, and notarized affidavit from a contractor or licensee stating he or she will be responsible for ensuring compliance with the site safety provisions of this code at the site at all times the site safety manager or coordinator is not present, with emergency contact information for such contractor or licensee provided.