Article 218 Safety Compliance Officer

For purposes of this article, the terms "Safety Compliance Officer" and "SCO" shall mean a person whose presence is required by the commissioner pursuant to section 28-218.2 and who satisfies the qualifications of section 28-218.4.

In addition to any other remedies or penalties authorized by law, the commissioner in his or her discretion may require the presence of a SCO at any permitted site that has received immediately hazardous violations that the commissioner determines adversely affect public safety and require the presence of a SCO to protect public safety. In any circumstance where a SCO is required, the commissioner shall state in writing the circumstances necessitating the SCO, and the duration of the compliance monitoring and/or conditions that must be satisfied prior to the termination of the compliance monitoring.

The owner or contractor shall employ, at the owner's or contractor's expense, an SCO approved by the department.

Safety Compliance Officers shall have experience in supervising the type of construction operations being monitored. They shall be an architect or engineer who has experience supervising construction projects in New York city, a licensed site safety manager or coordinator or other licensee of the department, or a special inspector as provided for in article 115 of this title. Safety compliance officers shall carry insurance as required by the department.

The SCO shall monitor the operations related to the circumstances and conditions that the commissioner has identified pursuant to section 28-218.2 until the areas of concern set forth by the commissioner have been addressed as determined by the commissioner, but in no case shall any monitoring period exceed 90 days. For such purpose, the SCO and his or her employees shall be designated as authorized representatives of the commissioner with authority pursuant to section 28-103.13 of this code to enter upon and examine and inspect at all reasonable times any site, building or structure. In the event that the conditions set out in the commissioner's determination, pursuant to section 28-218.2, to require a SCO have not been satisfied within the prescribed monitoring period, the commissioner may order the general contractor to appoint another SCO subject to the approval of the department, who shall be a different SCO than the initial SCO, to monitor operations for an additional period not to exceed 90 days.

In addition to any other requirements specified by the commissioner, the SCO shall immediately report to the commissioner all conditions that are hazardous to life, safety or health.

The owner of the site where the services of the SCO have been required shall reimburse the department for all direct costs and any related administrative expenses incurred by the department in the operation of the SCO program provided for in this article. Reimbursement shall be made at such times as the department shall require, but in any event, before a temporary or permanent certificate of occupancy is issued for the building or structure that is being monitored. No permit shall be issued for the job site at which a SCO has been assigned if reimbursements for the cost of the monitor are outstanding for more than 30 days. The department shall adopt rules establishing a process for the resolution of disputes concerning the costs of the SCO.

The SCO shall submit reports to the department in the frequency, manner and form prescribed by the commissioner. The department will share the results of these reports with the general contractor and provide the general contractor an opportunity to comment.

The SCO shall keep and maintain records relating to the services performed on behalf of the department in such manner and for such period of time as shall be established by the commissioner.