City of New Rochelle, NY Article III Specific Requirements

§ 111-22 Elevators, escalators and similar equipment.

A. Necessary repairs to elevators. Upon notice of the Building Official, repairs found necessary to an elevator, escalator, dumbwaiter, chairlift, amusement device with lifting equipment, automobile lift, automobile parking lift or any similar equipment or system shall be made without delay.

[Amended 11-19-2002 by Ord. No. 206-2002]

B. Discontinuation of use. In case defects exist which make the continued use of such elevator, escalator, dumbwaiter, chairlift, amusement device, automobile lift, automobile parking lift or any equipment or system dangerous to life and limb, the use thereof shall cease, and said equipment shall not be used again until reinspection has been made after the necessary repairs are performed and a new certificate issued.

C. Temporary use. Nothing herein contained shall prevent the temporary use by special permission of the Building Official of an elevator during construction, provided that a notice is conspicuously posted on or in connection with such elevator to the effect that such elevator has not been officially approved.

D. Certificate of elevator or lift compliance and posting. No elevator, escalator, dumbwaiter, chairlift, amusement device with lifting equipment or any similar equipment or system shall be caused or permitted to be operated without a certificate of elevator compliance issued by the Building Official within one year of the date of such operation, except for passenger elevators which shall require a certificate of elevator or lift compliance issued within six months of the date of operation. The owner shall post the last issued certificate of elevator compliance in a conspicuous place inside all elevator cars or immediately adjacent to the entrance of all approved equipment.

[Amended 11-19-2002 by Ord. No. 206-2002; 1-15-2019 by Ord. No. 2019-1]

E. Accidents to be reported. The owner or person in control of an elevator, escalator, dumbwaiter, chairlift, amusement device, automobile lift, automobile parking lift or any equipment or system shall report any accidents involving such equipment to the Building Official and shall afford the Building Official every facility for investigating such accident and the damage resulting therefrom.

F. Operation discontinued due to accident. When an accident involves the failure or destruction of a part of the construction or of the operating mechanism, the elevator, escalator, dumbwaiter, chairlift, amusement device, automobile lift, automobile parking lift or any equipment or system shall not be used again until it has been made safe. The Building Official may, if deemed necessary, order the discontinuation of the elevator, escalator, dumbwaiter, chairlift, amusement devices, automobile lift, automobile parking lift or any equipment or system until a new certificate has been issued.

G. Removal of parts restricted. No part of the damaged construction or operating mechanism shall be removed from the premises until permission has been granted by the Building Official.

H. Operation. Every elevator, except for automatic elevators, and every escalator and every amusement device, automobile lift and automobile parking lift shall be in the charge of a competent, reliable operator.

I. Fire Department use. Unless otherwise provided for in this code, in buildings equipped with more than one elevator, at least one elevator shall be kept in readiness at all times for Fire Department use.[1]

[1] Editor's Note: Former Subsection J, Notice of inspection and fees; penalties, which immediately followed this subsection, was repealed 11-19-2002 by Ord. No. 206-2002.

J. Use of any car stacking system within the City of New Rochelle will be limited to one elevated platform, with one additional car parked under this elevated platform. This will apply to all stacking systems used in a building, open or enclosed, within the City of New Rochelle. This code does not pertain to open exterior car stackers not contained within a building.

[Added 3-15-2022 by Ord. No. 2022-33]

§ 111-22.1 Cranes.

[Added 12-13-2016 by Ord. No. 254-2016]

A. At the time of application for crane operation, the applicant shall submit the name(s) and qualifications of the Qualified Person(s) as defined by OSHA and ASME, as well as the New York State registered professional engineer (RPE) responsible for preparation of erection drawings and repair/adjustment to the crane during operation. After these individuals have been approved by the Building Official, they constitute the only parties authorized to perform the functions of the Qualified Person and RPE for the duration of the crane operation.

B. Prior to initial crane assembly within the City of New Rochelle, all cranes shall undergo an annual/comprehensive inspection in accordance with OSHA 1926.1412(f) and ASME B30.5 5-2.1.3. The inspection report shall be reviewed and approved by the RPE, and a signed and sealed copy shall be provided to the City of New Rochelle along with an executive summary regarding the subject crane.

C. During operations, the applicant shall notify the Building Official of the City of New Rochelle in writing 24 hours prior to initial assembly, the relocation of mobile cranes, climbing or jumping of tower cranes and disassembly. The RPE shall be present on site at all times during these operations.

D. Copies of all inspection reports shall be maintained on the project site, available for review by City personnel. Copies shall be maintained for the duration of the project and turned over to the City at the completion of construction.

(1) Daily (OSHA) and frequent (ASME) inspection reports shall be dated and signed by the qualified person.

(2) Monthly (OSHA) or periodic (ASME) inspection reports shall be dated, signed by the qualified person and reviewed and approved by the RPE.

(3) Annual/comprehensive (OSHA) inspections shall be dated, signed by the qualified person and reviewed and approved by the RPE. The RPE shall forward an executive summary to the Building Official at the completion of each twelve-month period of crane operations.

(4) Inspections required based on modified equipment repairs shall be performed by the RPE, and reports shall be signed and sealed and shall be forwarded to the Building Official.

§ 111-23 Excavations.

A. Excavation responsibility to adjoining owner. The person making or causing an excavation to be made shall, before starting the work, give at least one week's notice, in writing, to the owner of each neighboring building or structure, the safety of which may be affected. Having received consent to enter a building, structure or premises, he shall make the necessary provisions to protect it structurally and to ensure it against damage by the elements which may ensue from such excavation. If license to enter is not afforded, then the adjoining owner shall have the entire responsibility of providing both temporary and permanent support of his premises at his own expense, and for that purpose, he shall be afforded the license, when necessary, to enter the property where the excavation is to be made.

B. Excavations for other than construction purposes. Excavations made for the purpose of removing soil, earth, sand, gravel, rock or other materials shall be performed in such manner as will prevent injury to neighboring properties or to the street which adjoins the lot where such materials are excavated and to safeguard the general public health and welfare.

§ 111-24 Retaining walls.

When a person proposes to change the existing grade at a property line, the person causing such change to be made shall erect, when necessary, a retaining wall at his own expense and on his own land. Such wall shall be built to a height sufficient to retain the adjoining earth, shall be properly coped and shall be provided with a guardrail or fence not less than three feet in height.

§ 111-25 Lots.

A. Grading of lot. When a building has been demolished and no building operation has been projected or approved, the vacant lot shall be filled, graded and maintained in conformity with the established street grades at curb level. The lot shall be maintained free from the accumulation of rubbish and all other unsafe or hazardous conditions which endanger the life or health of the public, and provisions shall be made to prevent the accumulation of water or damage to any foundations on the premises of the adjoining property.

B. Any construction activity related to the removal of rock may commence no earlier than 8:00 a.m. and cease no later than 5:00 p.m. on weekdays (Monday through Friday). No such rock removal may occur on Saturday or Sunday. No such removal may occur on any days recognized as holidays by the City of New Rochelle.

[Added 2-23-2016 by Ord. No. 32-2016[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsections B and C as Subsections C and D, respectively.

C. Utility connections. All service utility connections shall be discontinued and capped in accordance with the approved rules and the requirements of the agency having jurisdiction.

D. Fill.

(1) Dumping of nonorganic fill. Placing of nonorganic fill on or within any property for a period of three months or longer, without grading or leveling to conform to the adjoining grades, curb level or as indicated on the approved plans, shall be prohibited, except as the same may be approved by the Building Official.

(2) Dumping of organic fill. Placing of organic fill on or within any property shall be prohibited.

(3) Permit to fill. Before any filling operation which exceeds 100 cubic yards is commenced for any purpose, other than for the construction of a wall, driveway, sidewalk, building or part thereof, the owner or lessee, or agent of either, or the architect, engineer or builder employed by such owner or lessee in connection with the proposed filling, shall obtain a fill permit therefor from the Bureau of Buildings. Prior to the issuance of a permit, the applicant shall submit to the Bureau of Buildings an application, together with a plan prepared by a duly licensed engineer, architect or surveyor setting forth in detail the existing topographical elevation and condition of the ground, as well as the proposed finished elevation of the plot or premises after the work is completed. The plan shall be drawn to scale and give all streets adjoining the property, the location and dimensions of the premises upon which it is proposed to fill and the location, size and use of any existing buildings. The submitted plan shall be based upon a topographical plan prepared by a licensed surveyor.

(4) Conditions prior to placement; restoration.

(a) No fill shall be placed on any land:

[1] Until all trees and stumps are removed. Trees that are not removed are to be welled in such a manner that they are able to survive.

[2] Until provisions are made for temporary control of drainage during the filling operation.

[3] Unless provisions are made for the control of dust during filling.

[4] Unless adjacent properties are protected from boulders rolling off the fill.

[5] Until all required retaining walls are completely constructed and in place. When there shall exist practical difficulties or undue hardship involved in carrying out the foregoing provision, application may be made to the Board of Standards and Appeals to vary or modify said provision, provided that the spirit and intent of the provision shall be observed and public safety assured.

[Added 11-17-1987 by Ord. No. 315-1987]

(b) Any filled area that may be or shall at any time become dangerous to the public safety, public health or to adjacent property, walls, structures or buildings shall be restored to a safe condition in conformity with the provisions of this chapter or other chapters of this code, rule or regulation authorized by law or shall be excavated down to its original contour or to the existing adjacent contours.

(5) The fill material shall consist of:

(a) Natural earth and rock, provided that rock pieces or boulders do not exceed in any dimension 1/4 of the height of the fill.

(b) Broken asphalt materials from road or parking lot excavations, provided that this item does not exceed 10% of the volume of fill and is distributed throughout the fill area rather than being concentrated in one place.

(c) Broken concrete, which shall not be reinforced, provided that the size of the broken pieces does not exceed in any dimension 1/4 the height of the fill, with the maximum size in any one direction of 24 inches.

(d) Masonry, rubble and bricks, subject to the size restriction above, provided that it does not have attached to it wood or metal.

(e) Ready-mixed concrete or concrete washout, subject to the same restriction, and if not already hardened, to be deposited no closer than 25 feet to any watercourse.

(6) Unsuitable fill. The following materials are not suitable for filling.

(a) Wood of any size or quantity.

(b) Any organic material.

(c) Any sheetrock or plaster material.

(d) Any putrescible material.

(e) Any toxic material.

(f) Any material not meeting the above size restrictions.

(g) Any material of a uniform size that, when dumped in concentrated form, would form a bridging action with voids.

(h) Any obstruction to the flow of underground water.

(i) Any material that is flammable.

(7) Fill material to be covered. On completion or within six months of placing of the fill material or the performing of a similar type of improvement, the premises shall be graded and covered with earth and topsoil as follows:

(a) In the case where the fill consists of natural earth and small rocks of under 18 inches in size, there shall be a minimum cover of at least six inches of topsoil.

(b) All other fill material shall have an earth cover of at least two feet, including six inches of topsoil. The total fill shall be composed of material as indicated in Subsection C(7)(a) above.

(c) In the event that the work involves the removal of topsoil, there shall remain upon the surface from which the topsoil is removed at least six inches of topsoil.

(8) Surface water. The area filled shall not contain any additional hollows or depressed areas that would interfere with the natural drainage features of the site. The fill material shall not create any new ponding area, new streams or water channels, unless such condition is approved by the Building Official or City Engineer.

(9) Control of surface water. In order that the flow of surface water is controlled, the fill shall be placed in such a manner as to follow the natural slope of the general grade of the area of the property. If this is not possible and the slope of the existing grade is changed so that it now directs the surface water towards the adjoining property, the surface water shall be directed to a surface water control facility.

(10) Surface water control facility. The surface water control facility shall consist of an approved swale, ditches, drain or similar facility directing the water to an approved discharge point. Dry wells of an approved capacity and location will be permitted if approved by the Building Official. If necessary, a temporary surface water control facility shall be installed at the commencement of work.

§ 111-26 Storage of materials.

All materials and equipment in construction operations shall be stored and placed so as not to endanger the public, the workmen or adjoining property.

A. Design capacity. Materials or equipment stored within the building or on sidewalks, sheds or scaffolds shall be placed so as not to overload any part of the construction beyond its design capacity nor interfere with the safe prosecution of the work.

B. Special loading. Unless the construction is designed for special loading, materials stored on sidewalk sheds and scaffolds shall not exceed one day's supply. All materials shall be piled in an orderly manner and height to permit the removal of individual pieces without endangering the stability of the pile.

C. Pedestrian walkways. No materials or equipment shall be stored on the street without a permit issued by the Department of Public Works. When so stored, they shall not unduly interfere with vehicular traffic or the orderly travel of pedestrians on the highways and streets. The piles shall be arranged to maintain a safe walkway not less than four feet wide, unobstructed for its full length and adequately lighted at night and at all necessary times for the use of the public.

D. Obstructions. Materials and equipment shall not be placed or stored so as to obstruct access to fire hydrants, standpipes, fire or police alarm boxes, utility boxes, catch basins or manholes, nor shall they be located within 30 feet of a street intersection or be so placed as to obstruct normal observations of traffic control lights or to hinder the use of street conveyance loading platforms.

§ 111-27 Removal of waste material.

No material shall be dropped by gravity or thrown outside the exterior walls of a building during demolition or erection. Wood or metal chutes shall be provided for this purpose, and any material which, in its removal, will cause an excessive amount of dust shall be wet down to prevent the creation of a nuisance.

§ 111-27.1 Construction fences.

[Added 10-21-2003 by Ord. No. 222-2003]

No construction fence shall be erected on a property where excavation, demolition, or building construction requiring a permit from the City is proposed, without having first obtained such underlying permit. A construction fence shall be defined as a temporary fence used in connection with excavation, demolition, and/or construction activities, consisting of vertical poles and usually pliable, flexible plastic/vinyl material stretched between poles, often with flexible material colored a bright orange or yellow for high visibility and safety.

§ 111-27.2 Site safety superintendents.

[Added 6-16-2020 by Ord. No. 2020-71]

A. Definitions. For the purposes of this section, the following terms shall have the following meanings:

ACCIDENT

An occurrence directly caused by construction or demolition activity or site conditions that result in one or more of the following:

(1) A fatality to a member of the public; or

(2) Any type of injury to a member of the public; or

(3) A fatality to a worker; or

(4) An injury to a worker that requires transport by emergency medical services or requires immediate emergency care at a hospital or offsite medical clinic; or

(5) Any complete or partial structural collapse or material failure; or

(6) Any complete or partial collapse or failure of pedestrian protection, scaffolding, hoisting equipment, or material handling equipment; or

(7) Any material fall exterior to the building or structure.

APPROVED CONSTRUCTION DOCUMENTS

Will include any and all documents that set forth the location and entire nature and extent of the work proposed with sufficient clarity and detail to show that the proposed work conforms to the provisions of this code and other applicable laws and rules. Such documents will include but not be limited to shop drawings, specifications, manufacturer's instructions and standards that have been accepted by the design professional of record or such other design professional retained by the owner for this purpose.

COMPETENT PERSON

One who is capable of identifying existing predictable hazards in the surroundings or conditions that are unsanitary, hazardous or dangerous, and who has authorization to take prompt corrective measures to eliminate such hazards.

DAYS

Calendar days, unless otherwise specified.

FULL DEMOLITION

The dismantling, razing, or removal of all of a building or structure, including all operations incidental thereto.

JOB

A design and construction/demolition undertaking consisting of work at one building or structure, as well as related site improvements and work on accessory structures. A job may consist of one or more plan/work applications and may result in the issuance of one or more permits.

PERMIT HOLDER

The individual who receives the primary construction permit issued for the job.

SITE SAFETY SUPERINTENDENT

An individual registered with the Bureau of Buildings and responsible for all duties as defined in this section.

B. Designation of a site safety superintendent.

(1) Jobs for which a site safety superintendent is required. A site safety superintendent is required for the following types of jobs:

(a) The construction of a new building of six or more stories above grade or 75 feet from mean grade to top of finished roof surface, whichever is less; or

(b) The construction of a new building of 20,000 square feet or more of floor area, as defined by § 331-4 of Article II of Part II of the City of New Rochelle Municipal Code (Zoning: Definitions and Word Usage).

(c) An alteration to an existing building that involves one or more of the following:

[1] A vertical enlargement of one or more stories to an existing building of six or more stories above grade or 75 feet from mean grade to top of finished roof surface, whichever is less; or

[2] A vertical enlargement which results in a building of six or more stories above grade or 75 feet from mean grade to top of finished roof surface, whichever is less;

[3] Work that requires underpinning; or

[4] Work that requires the support of excavation; or

(d) Other jobs that pose an enhanced risk to the public and property, as determined by the building official.

(2) Exceptions: Notwithstanding the above, a site safety superintendent is not required for:

(a) The construction of a new one-, two-, or three-family building.

C. Designation of a primary site safety superintendent. For jobs requiring a site safety superintendent, the permit holder must designate a primary site safety superintendent prior to the commencement of work in a form and manner acceptable to the Building Official.

D. Change of designation. The permit holder must immediately notify the Building Official, in a form and manner acceptable to the Building Official, of any permanent change to the primary site safety superintendent.

E. Alternate site safety superintendent. In the event the primary site safety superintendent is temporarily unable to perform his or her duties, an alternate site safety superintendent, designated by the permit holder and acceptable to and acting on behalf of the primary site safety superintendent, must fulfill the duties of the primary site safety superintendent. In the event that an alternate site safety superintendent will be acting in place of the primary site safety superintendent for a period longer than two consecutive weeks, the permit holder must notify the Building Official, in a form and manner acceptable to the Building Official, of such change.

F. Limitations. An individual may only be designated as a primary or alternate site safety superintendent for that number of jobs for which he or she can adequately perform all required duties.

G. Duties of site safety superintendent.

(1) Safe site. The site safety superintendent must act in a reasonable and responsible manner to maintain a safe job site and assure compliance with Chapter 33 of the New York State Uniform Building Code and any rules promulgated thereunder at each job site for which the site safety superintendent is responsible.

(2) Compliance with plans. To the extent that a registered design professional or special inspection agency is not responsible, the site safety superintendent must assure compliance with the approved construction documents at each job site for which the superintendent is responsible.

(3) Daily visit.

(a) The site safety superintendent must visit each job site for which the site safety superintendent is responsible each day when active work is occurring.

(b) Exceptions: The site safety superintendent is not required to be present at the site during the following activities, provided that no other work is in progress:

[1] Surveying that does not involve the disturbance of material, structure, or earth;

[2] Use of a hoist to transport personnel only;

[3] Use of a material hoist that is fully enclosed within the perimeter of the building;

[4] Finish troweling of concrete floors;

[5] When personnel are provided for temporary heat, light, or water; or

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

(4) Inspection. Each time the site safety superintendent visits a job site for which he or she is responsible, the site safety superintendent must inspect all areas and floors where construction or demolition work and ancillary activity is occurring; and

(a) Verify work is being conducted in accordance with sound construction/demolition practices;

(b) Verify compliance with the approved construction documents; and

(c) Verify compliance with Chapter 33 of the Building Code and any rules promulgated thereunder.

(5) Correcting unsafe conditions. In the event the site safety superintendent discovers work at a job site for which he or she is responsible that is not being conducted in accordance with sound construction/demolition practices, not in compliance with approved construction documents, or not in compliance with Chapter 33 of the Building Code and any rules promulgated thereunder, the superintendent must immediately notify the person or persons responsible for creating the unsafe condition, order the person or persons to correct the unsafe condition, and take all appropriate action to ensure the unsafe condition is corrected. Where an unsafe condition relates to an item which a registered design professional or special inspector is responsible for implementing or verifying, the site safety superintendent must also notify the responsible registered design professional or special inspector of the unsafe condition. All such unsafe conditions, notices, orders, and corrective work must be recorded in the log required by Subsection G(9) of this section.

(6) Notification of conditions to the Building Official. The site safety superintendent must immediately notify the Department, in a form and manner acceptable to the Building Official, when he or she discovers at any job site for which the site safety superintendent is responsible any of the conditions listed in this section. Notification to the Building Official does not relieve the site safety superintendent of his or her obligations under Subsection G(6) of this section. The site safety superintendent shall immediately notify the Building Official directly if he or she discovers any of the following conditions in the routine performance of the job:

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

(b) A crane is being operated by an unlicensed operator and such unlicensed operator refuses to desist from operating the crane.

(c) No flag person is present during crane operation where required by this chapter.

(d) Permits have not been issued for the sidewalk sheds.

(e) Any accident as defined by this chapter.

(f) Required standpipe is not in place at each story below the construction or demolition floor.

(g) Required standpipe valves are not in place at each story below the construction or demolition floor.

(h) Required standpipe is not capped.

(i) Required standpipe is not connected to a water source or fire department connection.

(j) Required standpipe fire department hose connection is obstructed.

(k) A breach exists in the required standpipe risers, cross connections, or fire department connections.

(l) The standpipe alarm activates.

(7) Reporting of accidents and damage to adjoining property. The site safety superintendent must immediately notify the Building Official, in a form and manner acceptable to the Department, of any accident at any job site for which the construction site safety superintendent is responsible or of any damage to adjoining property caused by construction or demolition activity at the job site.

(8) Competent person. The site safety superintendent must designate a competent person for each job site for which the site safety superintendent is responsible and ensure such competent person is present at the designated job site at all times active work occurs. The designation of a competent person does not alter or diminish any obligation imposed upon the site safety superintendent. The competent person must carry out orders issued by the site safety superintendent; be able to identify unsanitary, hazardous or dangerous conditions; take prompt corrective measures to eliminate such conditions; immediately report to the construction superintendent accidents at the job site or any damage to adjoining property caused by construction or demolition activity at the job site; and be able to effectively communicate workplace instructions and safety directions to all workers at the site.

(9) Pre-shift safety meeting. The site safety superintendent or a designated competent person must host a pre-shift safety meeting before the start of all work shifts. The meeting must be conducted by the site safety superintendent or a competent person who has the ability to communicate with each worker who takes part in the meeting. The meeting must also include a review of activities and tasks to be performed during the shift, including specific safety concerns or risks associated with the work.

[Added 9-21-2021 by Ord. No. 2021-119[1]]

[1] Editor's Note: This ordinance also provided for the redesignation of former Subsection G(9) as Subsection G(10).

(10) Log. The construction superintendent must maintain a log at each job site for which the construction superintendent is responsible. Such log must be made available to the Building Official upon request.

(a) Log contents. The log, at a minimum, must contain the following information:

[1] The presence of the site safety superintendent at the job site as evidenced by his or her printed name and signature and a notation indicating the times of arrival at and departure from the site, which must be recorded immediately after arriving at the site and immediately prior to leaving the site, respectively;

[2] The general progress of work at the site, including a summary of that day's work activity;

[3] The site safety superintendent's activities at the site, including areas and floors inspected;

[4] Any unsafe condition(s) observed per Subsection G(6) of this section, and the time and location of such unsafe condition(s);

[5] Orders and notice given by the site safety superintendent per Subsection G(6) of this section, including the names of individuals issued orders or notices, any refusals to comply with orders or respond to notice given, follow up action taken by the site safety superintendent, and where the violation is corrected, the nature of the correction;

[6] Any violations, stop work orders, or summonses issued by the Building Official, including date issued and date listed or dismissed;

[7] Any accidents;

[Amended 9-21-2021 by Ord. No. 2021-119]

[8] The name of the competent person designated in accordance with Subsection G(8) of this section, along with an accompanying signature of the competent person. If the site safety superintendent assigns a new competent person, the date and time of this change, along with the name of the new competent person, must be recorded, accompanied by the signature of the new competent person. If the site safety superintendent is not at the site when this occurs, the new competent person must instead make the log entry, which the site safety superintendent must sign and date upon his or her next visit to the job site; and

[Amended 9-21-2021 by Ord. No. 2021-119]

[9] Record of all pre-shift safety meetings, including but not limited to the following information:

[Added 9-21-2021 by Ord. No. 2021-119]

[a] The date and time of each meeting;

[b] The name, title and company affiliation of each worker who participated;

[c] The name, title and company affiliation of the competent person who conducted the meeting; and

[d] The signature of the competent person who conducted the meeting.

(b) Completed. The site safety superintendent must complete the log prior to departing the job site.

(c) Signed and dated. The site safety superintendent must sign and date each day's log entry.

(d) Form and manner. The log must be organized and recorded in a form and manner acceptable to the Building Official.

H. Registration of site safety superintendents. Site safety superintendents must be registered with the Building Office in accordance with the following provisions.

(1) Form and manner of registration. An application for registration as a site safety superintendent must be submitted in a form and manner acceptable to Building Office and provide such information as the Building Official may require.

(2) Qualifications. All applicants for site safety superintendent registration must submit satisfactory proof establishing that the applicant:

(a) Is able to read construction plans and specifications; and

(b) Has satisfactorily completed, within two years prior to the date of application, the OSHA ten-hour construction industry Outreach Training Program approved by the United States Department of Labor Occupational Safety and Health Administration, and also meets one of the following:

[1] Is a registered design professional;

[2] Holds a Construction Health and Safety Technician (CHST) designation from the Board of Certified Safety Professionals (BCSP);

[3] Has five years of experience, within 10 years prior to the date of the application, as a building code enforcement official charged with enforcement of the provisions of the New York State Uniform Building Code. The enforcement must have included inspections of buildings under construction or demolition and thus this basis for qualification excludes officials whose primary role is to perform inspections of occupied or vacant buildings;

[4] Has five years of full-time field experience in the United States, within 10 years prior to the date of the application, working on buildings as a safety official for a governmental entity or construction firm or as a safety manager or safety engineer for a safety consulting firm specializing in construction or demolition; or

[5] Has five years of full-time experience in the United States, within 10 years prior to the date of the application, as verified by employer affidavit, working with plans in a relevant construction trade in furtherance of the construction, vertical or horizontal enlargement, or full demolition of a building or structure, and has satisfactorily completed, within one year prior to the date of the application, the OSHA thirty-hour construction industry Outreach Training Program approved by the United States Department of Labor Occupational Safety and Health Administration; or

[6] Has five years of full-time experience in the United States, within 10 years prior to the date of the application, as verified by employer affidavit, working with plans in a relevant construction trade in furtherance of the construction, vertical or horizontal enlargement, or full demolition of a building or structure, and has satisfactorily completed, within one year prior to the date of the application, the OSHA 7415: Major Hazards and Prevention course and a combination of at least 20 hours of education, approved by the United States Department of Labor Occupational Safety and Health Administration, in the following areas:

Area of Education	Hours
Fall protection	8
Supported scaffold	4
Drug and alcohol awareness	2
General electives	4
Special electives	4

(c) Note: The OSHA thirty-hour program may substitute the OSHA-10 if completed within two years prior to the date of the application.

[Added 9-21-2021 by Ord. No. 2021-119]

(3) Educational credit. For purposes of Subsection H(2) of this section, each year of full-time formal training or education in a program with emphasis on construction at a college, technical, or trade school may be substituted for one year of work experience, up to a maximum of three years.

(4) Audits. Applications for registration are subject to audit at any time. An audit may also be made at any time upon receipt of complaints or evidence of falsification.

(5) Registration term. Registrations issued under this section are valid for three years from the date of issuance.

(6) Registration fees. The initial fee for registration in accordance with this section is $300.

(7) Renewals.

(a) The fee for timely renewal is $50. Renewals not submitted in a timely manner will be subject to a late surcharge of $50.

(b) Timely renewal applications must be accompanied by proof that the applicant has, during the one year prior to renewal, successfully completed an eight-hour site safety course approved by the Building Official.

(c) Renewals not filed within one year of registration expiration will be treated as a new application.

(8) Notification of change of address. Registered site safety superintendents must notify the Building Official, in writing, of any address change within 30 days of the change.

I. Obligation of others. Nothing in this rule is intended to alter or diminish any obligation otherwise imposed by law on others, including but not limited to the owner, permit holder, construction manager, general contractor, contractor, materialman, architect, engineer, land surveyor, or other party involved in a construction project to engage in sound engineering, design, and construction practices, and to act in a reasonable and responsible manner to maintain a safe job site.

J. Reporting unsafe conditions or accidents to other agencies. Nothing in this rule is intended to alter or diminish any right or obligation permitted or imposed by other agencies or organizations having jurisdictions to report unsafe conditions or accidents.