The New York City Building Code (BC) requires a Department-registered Construction Superintendent (CS) to be designated for work subject to BC §3301.13.3 on buildings up to 9 stories in height. BC §3310.5 requires either a Department-certified Site Safety Manager (SSM) or Site Safety Coordinator (SSC) to be designated for work subject to Building Code §3310.1 on buildings 10 stories or greater in height. There is also a requirement in BC §3310.9.1 that a Concrete Safety Manager (CSM) 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.

These amendments are in response to two comments received in conjunction with the June 27, 2022 hearing concerning amendments to 1 RCNY 104-08 and 3301-02 regarding Site Safety Managers, Site Safety Coordinators and Construction Superintendents, which amendments were adopted effective August 14, 2022.

Specifically, the comments suggested that the Department

  1. create a process to allow a Concrete Safety Manager to register as a Construction Superintendent, and
  2.  make clear that the duties of a Construction Superintendent are too numerous for a Construction Superintendent to simultaneously serve in other Building Code mandated safety oversight roles at a construction job.

These changes were not made to the prior rule amendments as there existed a need to implement the prior rule amendments expeditiously.

Currently, Concrete Safety Managers are allowed to hold a Site Safety Manager or a Site Safety Coordinator registration. The proposed amendments will allow a Concrete Safety Manager to hold a Construction Superintendent registration as well.

The amendments· will prohibit a SSM or SSC from being designated, acting, or serving as the primary or alternate CS at the job for which they are the primary or alternate SSM or SSC. The amendments will also prohibit a primary SSM or SSC from serving as the primary CS for any other job.

The amendments will also prohibit a CSM from simultaneously serving as an SSM, an SSC, or CS on the same job for which they are serving as the CSM.

The Department of Buildings’ authority for this proposed rule is found in sections 643 and 1043 of the New York City Charter and sections 3301.13.7, 3301.13.17, 3310.8, and 3310.9.1 of the New York City Building Code.

Read the entire and detailed Adoption of Rule Statement here…


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