On July 20, Buildings Commissioner Rick Chandler released a first-of-its-kind reform for the Department of Buildings (DOB): a Code of Conduct for the construction industry. Last May, the code was identified as a priority in Building One City, the DOB’s blueprint for transforming the city’s construction industry.

The Industry Code of Conduct outlines standards of integrity for construction industry professionals. In 2014 the DOB issued more than 140,000 work permits to thousands of industry professionals.
“One of our crucial strategies to transform the Department is to enhance transparency, and we are doing that by unequivocally stating the ethical standards and expectations of the thousands of construction industry members and professionals who interact with our employees and build in this City,” said Buildings Commissioner Chandler. “For the first time in the Department’s history, we are releasing an Industry Code of Conduct that makes clear appropriate professional conduct, explains the privileges of holding a license and the consequences for abusing that responsibility, and outlines the rights our customers have when conducting business with our staff. Professional and ethical business dealings are the foundation of productive service—and they enable our Department to keep our City building as quickly and safely as possible.”

The Industry Code of Conduct provides guidance on four major subject areas.

Ethical Code and Principles
Construction industry professionals are expected to adhere to the highest standards of integrity. They should:

• Behave lawfully and professionally in all their dealings with the DOB, including providing accurate information related to the project, treating staff courteously and reporting any unethical or criminal misconduct.
• Prepare for and arrive on time to inspections and plan examinations, and provide appropriate notice if a meeting cancellation is needed.
• Refrain from acts or appearances of impropriety, including providing gifts of any value to DOB employees.

Licensing Standards
As the DOB licenses and registers construction professionals at many levels, these professionals are expected to carry out their work in a manner that protects the public and complies with the City’s Construction Codes and Zoning Resolution. Professionals who violate these standards may be subject to discipline proceedings.
Actions that can violate these standards include, at a minimum:

• Fraud or deceit in obtaining or renewing a license.
• Falsifying statements on filings, or providing other misinformation to the DOB.
• Negligence or incompetence in performing one’s work.
• Criminal convictions or a failure to comply with DOB or law enforcement orders.

Discipline for Abuse of Privileges
Construction professionals, no matter the jurisdiction in which they were licensed, are expected to conduct themselves ethically and uphold NYC’s regulations. When a professional fails to follow these regulations, disciplinary action can include:

• The issuance of violations to the individual, and any of their employees if necessary.
• The suspension of licensee privileges.
• Revocation of a license or loss of privilege to conduct business with the DOB.
• Referral of violations to law enforcement for criminal prosecution.

Customer Bill of Rights
The DOB takes customer service seriously. DOB employees are expected to provide the highest level of service, focusing on promptness and public safety. Department employees are obligated to provide construction professionals with:

• Professional and knowledgeable service delivered in a courteous manner.
• Guidance on how DOB processes operate.
• Information on how long inspections will take, and reasonable wait times for scheduling re-inspections.
• Direction on violation resolution and any pertinent appeals process.

Chairman of the New York Coalition of Code Consultants (NYCCC) and Managing Partner of Milrose Consultants Domenick Chieco said, “As registered filing representatives who interact daily with Department professionals, representing billions of dollars in construction activity annually, the New York Coalition of Code Consultants takes seriously the values of transparency, accountability and professionalism. NYCCC applauds Commissioner Chandler for releasing an Industry Code of Conduct, which will set a higher standard of ethics for the agency and all its users. We look forward to working with DOB on this important initiative.”

For any additional questions or comments on the new industry Code of Conduct, please contact Milrose Consultants.