What You Need to Know About the DOB's Recently Revised Construction Superintendent Rule

In May 2016, the Department of Buildings (DOB) released a service update outlining the Construction Superintendent Rule Revision (1 RCNY 3301-02) - a change that directly impacts first time permits and renewal issuances. The DOB is currently enforcing this rule revision by conducting random site visits and other Department protocols.

In order to help you avoid heavy fines and risk of permit revocation, we have outlined what you need to know about the rule revision below:

A Construction Superintendent is required on a PW (permit) when the project is not a site safety job under a Site Safety Program and the work includes one of the following:

Vertical or horizontal enlargement
Demolitions of more than 50% of floor area of the existing building
Alterations of more than 50% of floor area of the existing building that require special inspection for structural stability
Complete removal of one or more floors (stories)
Any work requiring a special inspection for support of excavation (SOE) or underpinning

Registered Construction Superintendents (CS) cannot be designated on more than 10 active jobs.

Contractors are at risk of having all their permits revoked, full Stop Work Orders issued, and fines of up to $25,000 if the Registered CS on their permits (PW2s) is designated on more than 10 jobs.

Site Safety Managers and Site Safety Coordinators cannot sign up for jobs that require a Registered Construction Superintendent.

Primary Registered Construction Superintendents must visit all jobs on which they are designated on a daily basis. Exceptions are specified by the Rule.

Registered Construction Superintendents must keep a complete and detailed log of their daily activities.

Registered Construction Superintendents have several required duties, including maintaining a safe construction site, ensuring compliance with approved plans, and correcting unsafe conditions.

Registered Construction Superintendents must designate a competent person in writing (in their daily log) to oversee the construction site at all times active work occurs.

The Registered CS and the permit holder will be at risk of receiving ECB/OATH violations if they fail to comply with the Construction Superintendent Rule. Additionally, the DOB will seek to revoke the registration of any Registered CS who does not fulfill the responsibilities outlined above in #4-7.

In regards to the DOB’s 10-job limit rule, please be aware that the DOB is accepting "CS Waiver" applications for cases where your construction and/or demolition work is completed but your permit is still active, pending sign-off or TCO/CO issuance. Upon approval from the DOB, the 'CS Waiver' can enable your job to be excluded from the 10-job limit rule.

If you would like Milrose to assist you in obtaining a CS Waiver from the DOB, please click here. As always, please feel free to contact us with any questions that you may have on this topic.