Chapter 100: [Administration; Enforcement; Maintenance of Buildings; Licensing; Miscellaneous Provisions]

   (a)   Pursuant to § 28-104.6 of the Administrative Code, the commissioner is authorized to allow persons other than registered design professionals to be the applicant for the approval of construction documents. Pursuant to § 28-104.7.12 of the Administrative Code, the commissioner is authorized to waive the submission of any of the required construction documents. The commissioner can waive this submission if review of such documents is not necessary to ascertain compliance with the Construction Codes or is not required for the phase of work for which a permit is sought. Notwithstanding the following provisions, the commissioner reserves the right to require the filing of narratives or sketches showing compliance with the provisions of this code for the categories of work described below.

      (1)   Selected plumbing work. In connection with the filing of applications for construction document approval, the applicant need not be a registered design professional and required plans need not be submitted for the following types of plumbing applications:

         (i)   Temporary exhibits. Temporary exhibits, defined for purposes of this rule as plumbing for temporary installations used for exhibition purposes when not designed for sanitary use and not directly connected to a sewerage, water supply, or water distribution system.

         (ii)   Domestic gas dryers in residential occupancies. Domestic gas dryers in residential occupancies that are vented directly through an exterior wall and that comply with items A through I, below:

            (A)   Licensed Master Plumber required. The installation application shall be filed by a Licensed Master Plumber (LMP) as a Limited Alteration Application (LAA1).

            (B)   Limitation to R-3 occupancies. The installation shall be limited to a one- or two-family residence, three stories or fewer in height.

            (C)   Testing and installation of gas dryers. The gas dryers shall comply with the reference standards in Section FGC 613 and the installation shall comply with the manufacturer's instructions including any special vent pipe material for relatively low flue gas temperatures as recommended by the manufacturer.

            (D)   Wall penetration. The vent and combustion air wall penetration shall be limited to a single penetration of four inches in diameter or one opening that is a maximum of four inches square. The entire exhaust system shall be supported and secured in place.

            (E)   Dryer duct. The maximum length of a clothes dryer duct shall not exceed 25 feet from dryer location to the outlet terminal. Deductions for bends must be accounted for as outlined in Sections MC 504.6.1 and FGC 614.6.1.

            (F)   Sketches required. The LMP shall submit detailed sketches of the piping installation and wall penetration. (See Figure 1 below).

            (G)   Vent termination. The location of the vent termination shall comply with Section FGC 614.4, the manufacturer's specifications, and the following:

               1.   Vent termination shall not be located at lot line walls or within three feet of lot lines;

               2.   The front, side or rear wall vent terminations shall be free of obstructions;

               3.   The vent opening shall not be located or constructed so as to create a fire or health hazard;

               4.   The LMP shall ensure that the building's structural integrity is not compromised due to the wall penetration opening. Openings shall be located so as to avoid cutting into studs, joists, or any other structural member;

               5.   Clearance from regional snow line. The vent shall be a minimum of three feet above the adjacent grade; and

               6.   Vent termination shall be thermally sealed in accordance with section 402.4 of the Energy Conservation Construction Code of New York State (ECCCNYS).

            (H)   Inspection. A gas roughing-in, gas test and gas finish inspection by the Department of Buildings or self certification shall be required on new installations. When filing for existing dryers that vent through the outer wall, only a finish inspection is required when filed on an LAA1 form.

            (I)   Gas authorization. Upon successful inspections, the LMP shall request gas authorization and an LAA1 sign-off.

         (iii)   In-kind replacement of gas-fired boilers, hot water heaters and furnaces. In-kind replacement of gas-fired boilers, hot water heaters and furnaces that are vented directly through exterior walls, and comply with items A through I, below:

            (A)   Licensed Master Plumber required. The installation application shall be filed by a Licensed Master Plumber (LMP) as a Limited Alteration Application (LAA1).

            (B)   Limitation to R-3 occupancies. The installation shall be limited to a one- or two-family residence, three stories or fewer in height.

            (C)   Testing and installation of gas-fired boiler, hot water heater or furnace. The gas-fired boiler, hot water heater or furnace shall be tested in accordance with Section FGC 631.1 and the installation shall comply with the manufacturer's instructions, including any special vent pipe material for relatively low flue gas temperatures.

            (D)   Efficiency and input capacity. The boiler, heater, or furnace must have a minimum efficiency of 85% or as required by the ECCCNYS, whichever is greater, and an input capacity of 350,000 Btu/hr or less.

            (E)   Wall penetration. The vent and combustion air wall penetration shall be limited to a single penetration of six inches in diameter or one opening that is a maximum of six inches square. The Department may permit two separate penetrations of four inches in diameter, provided the LMP performing the work certifies in the job description of the LAA1 that no adapter is available from the manufacturer for the given equipment and provides valid manufacturer's contact information for verification of the unavailability of adapters.

            (F)   Sketches required. The LMP shall submit a detailed sketch of the piping installation and wall penetration. (See Figure 2 below).

 Figure 2 – Sample sketch to be submitted with LAA1

            (G)   Vent termination. The location of the vent termination shall comply with ANSI Z21.13, the manufacturer's specifications, and the following:

               1.   Vent termination shall not be located at lot line walls or within three feet of lot lines;

               2.   The front, side or rear wall vent terminations shall be free of obstructions;

               3.   The vent opening shall not be located or constructed so as to create a fire or health hazard;

               4.   The LMP shall ensure that the building's structural integrity is not compromised due to the wall penetration opening. Openings shall be located so as to avoid cutting into studs, joists, or any other structural member;

               5.   Clearance from regional snow line. The vent shall be a minimum of three feet above the adjacent grade; and

               6.   Vent termination shall be thermally sealed in accordance with ECCCNYS section 402.4

            (H)   Inspection. A gas roughing-in, gas test and gas finish inspection by the Department of Buildings shall be required. Self certification shall not be permitted.

            (I)   Gas authorization. Upon successful inspections, the LMP shall request gas authorization and an LAA1 sign-off.

      (2)   Selected elevator work. In connection with the filing of applications for construction document approval, the Applicant is not required to be a registered design professional and design drawings are not required to be submitted for work performed, pursuant to Section 3.10.12 of Chapter K3 of Appendix K of the New York City Building Code. This update applies to the following items (i) through (v) below:

         (i)   Elevator Agency Director required. The installation application shall be filed by a Department approved elevator agency director ("Applicant");

         (ii)   Design Approval. The controller manufacturer or a registered design professional approves the design and/or controller modifications in accordance with Section 3.10.12 of Chapter K3 of Appendix K, and the Applicant must submit with the application proof, in a form and manner acceptable to the commissioner, of such approval.

         (iii)   Design drawings and any controller modifications must be dated, contain unique drawing numbers, and specify the relevant premises and elevator device number.

         (iv)   The following documents must be maintained in the subject premises' machine room and made available to the Department upon request:

            (A)   A copy of the design drawings and any controller modifications with the controller manufacturer's stamp;

            (B)   A letter on the controller manufacturer or registered design professional's business letterhead, attesting that the door monitoring system's design and any controller modifications comply with the Construction Codes and all ANSI requirements.

         (v)   Inspection. The Applicant inspects and tests such work on behalf of the owner and in the presence of an independent approved elevator agency not affiliated with the Applicant, which witnesses the test ("witnessing agency") with following conditions:

            (A)   The Applicant must notify the department at least 48 hours prior to such inspection and testing.

            (B)   Pursuant to § 28-304.6.3 of the Administrative Code, the Applicant must report any unsafe or hazardous conditions to the department.

            (C)   Provided there are no unsafe or hazardous conditions, both the Applicant and the witnessing agency inspector(s) must sign the inspection certificate at the site before returning the device to service.

            (D)   Pursuant to § 28-304.6.5 of the Administrative Code, the Applicant submits an inspection and test report to the department.

      (3)   Selected mechanical work. In connection with the filing of applications for construction document approval, the applicant need not be a registered design professional and required plans need not be submitted for the following types of mechanical applications:

         (i)   Fuel-oil burning equipment. Replacement of or alteration to existing fuel-oil burning equipment, provided that the applicant is a licensed oil burner-installer, the aggregate capacity of the equipment does not exceed 600,000 BTU per hour and the number of fuel-oil burning devices does not increase or decrease by more than one unit.

         (ii)   Fuel-oil storage tanks. Replacement of existing fuel-oil storage tanks, provided the applicant is a licensed oil burner-installer, the capacity of each replacement tank does not exceed 330 gallons and each such replacement tank meets the alternate tank design and construction standards contained in Section MC 1305.14.

      (4)   Selected fire suppression work. In connection with the filing of applications for construction document approval, the applicant need not be a registered design professional and required plans need not be submitted for the following types of fire suppression applications which shall be classified as Limited Sprinkler Applications:

         (i)   An alteration to an existing sprinkler system where the total cost of the proposed work in the building does not exceed twenty five thousand dollars in any 12-month period and the proposed work is limited to the following:

            (A)   Replacement of parts required for the operation of a sprinkler system;

            (B)   Replacement of sprinkler heads, provided that orifice sizes, type and deflector positions remain the same;

            (C)   Changes that do not alter the type of sprinkler system;

            (D)   Relocation of piping that does not affect the operation of the sprinkler system;

            (E)   Rearrangement of not more than 20 sprinkler heads in areas presently sprinklered in light hazard occupancy, as such term is defined in reference standards, which will remain in such occupancy, provided that the addition of sprinkler heads in existing systems shall be limited to light hazard occupancies in rooms or spaces not exceeding 800 feet (74.3 m 2 ) requiring only one head with the maximum spacing allowed by the code, and provided that the number of new heads does not exceed a total of five; or

            (F)   Rearrangement of not more than 20 sprinkler heads in areas presently sprinklered in restaurant service areas classified in Group 1 ordinary hazard occupancy or mercantile areas classified in Group 2 ordinary hazard occupancy, as such term is defined in reference standards as modified by Appendix Q of the Building Code, which will remain in such occupancy, provided that the addition of sprinkler heads in existing systems shall be limited to such occupancies in rooms or spaces not exceeding 800 square feet (74.3 m 2 ) requiring only one head with the maximum spacing allowed by the code, and provided that the number of new heads does not exceed a total of five.

   (b)   Work shall comply with all requirements of the applicable codes and other applicable laws and rules, including, where applicable, those imposed by other governmental agencies.

   (c)   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, construction manager, general contractor, contractor, materialman, architect, engineer, site safety manager, 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 construction site.

(Amended City Record 4/20/2018, eff. 5/20/2018; amended City Record 3/4/2022, eff. 4/3/2022)

The department shall be authorized to charge the following fees:

 

 

 

(Amended City Record 9/18/2017, eff. 10/18/2017; amended City Record 12/29/2017, eff. 1/28/2018; amended City Record 11/7/2019, eff. 12/7/2019; amended City Record 6/15/2020, eff. 7/15/2020; amended City Record 2/11/2021, eff. 3/13/2021; amended City Record 3/10/2021, eff. 4/9/2021; amended City Record 7/14/2021, eff. 8/13/2021; amended City Record 10/6/2021, eff. 11/5/2021; amended City Record 3/4/2022, eff. 4/3/2022; amended City Record 1/27/2022, eff. 5/1/2022; amended City Record 5/23/2022, eff. 6/22/2022; amended City Record 4/27/2023, eff. 5/27/2023; amended City Record 12/7/2023, eff. 1/6/2024; amended City Record 4/29/2024, eff. 5/29/2024; amended City Record 6/25/2024, eff. 7/25/2024; amended City Record 11/18/2024, eff. 12/18/2024; amended City Record 12/20/2024, eff. 1/19/2025; amended City Record 5/20/2025, eff. 6/19/2025; amended City Record 12/4/2025, eff. 1/3/2026; amended City Record 1/2/2026, eff. 2/1/2026; amended City Record 7/14/2026, eff. 8/13/2026)

   (a)   Definitions. For the purposes of this section, the following terms will have the following meanings:

      (1)   Accreditation. Evaluation of agencies, including testing and calibration laboratories, fabricators and inspection bodies, against internationally acceptable standards to demonstrate their performance capability. Such accreditation is required to be conducted by a nationally recognized accreditation agency accrediting to ISO 17020-12 international standard, the requirements of this section, and approved by the department.

      (2)   Applicant. An owner, primary director or technical director.

      (3)   Approved Construction Documents. Any and all documents that set forth the location and entire nature and extent of the proposed work 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 include but are not 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.

      (4)   Approved Inspection Agency. This term has the same definition as established in § 28-101.5 of the Administrative Code.

      (5)   Certification. Documented acknowledgment by a nationally recognized organization of a technician's competency to perform certain functions.

      (6)   Commissioner. This term has the same definition as established in § 28-101.5 of the Administrative Code.

      (7)   Department. This term has the same definition as established in § 28-101.5 of the Administrative Code.

      (8)   Floor Area, Gross. This term has the same definition as established in section 202 of the Building Code.

      (9)   Full Demolition. This term has the same definition as established in section 202 of the Building Code (Demolition, Full).

      (10)   Job. A construction project that is the subject of one (1) or more department-issued permits.

      (11)   Major Building. This term has the same definition as established in section 202 of the Building Code.

      (12)   Materials. This term has the same definition as established in § 28-101.5 of the Administrative Code.

      (13)   New York City Construction Codes. The New York City Plumbing Code, the New York City Building Code, the New York City Mechanical Code, the New York City Fuel Gas Code, the New York City Energy Code, and Title 28, chapters 1 through 5 of the Administrative Code. Any reference to "this code" or "the code" is deemed a reference to the New York City Construction Codes as here defined.

      (14)   Owner. Any person, agent, firm, partnership, corporation or other legal entity having a legal or equitable interest in or control of the special inspection agency.

      (15)   Partial Demolition. This term has the same definition as established in section 202 of the Building Code (Demolition, Partial).

      (16)   Primary Director. An individual possessing one or more of the following licenses: Master Electrician, Master Fire Suppression Piping Contractor, Oil Burning Equipment Installer, Master Plumber, or Registered Design Professional and designated as "Director" in the Department's Special Inspection Agency registration.

      (17)   Registered Design Professional. A New York State licensed and registered architect (RA) or a New York State licensed and registered professional engineer (PE).

      (18)   Registered Design Professional of Record. The registered design professional who prepared or supervised the preparation of applicable construction documents filed with the department.

      (19)   Relevant Experience. Direct participation and practice related to the underlying construction activities that are the subject of the special inspection where such participation has led to accumulation of knowledge and skill required for the proper execution of such inspection.

      (20)   Special Inspection. Inspection of selected materials, equipment, installation, methods of construction, fabrication, erection or placement of components and connections, to ensure compliance with approved construction documents and referenced standards as required by Chapter 17 of the Building Code or elsewhere in the code or its referenced standards.

      (21)   Special Inspection Agency. An approved inspection agency employing one (1) or more persons who are special inspectors and that has met all requirements of this section.

      (22)   Special Inspection Category. The specific type(s) of special inspection(s) that a special inspection agency may perform in accordance with Appendix A of this section.

      (23)   Special Inspector. An individual employed by a special inspection agency, who has the required qualifications set forth in this section to perform or witness particular special inspections required by the code or by the rules of the department, including but not limited to a qualified registered design professional.

      (24)   Supervise/Supervision. With respect to a designated primary inspector or inspection supervisor as provided for in Appendix A of this section, oversight and responsible control by such primary inspector or inspection supervisor having the necessary qualifications and relevant experience to perform responsibilities associated with the special inspection. Such supervision will include ensuring training and/or education necessary to qualify the special inspector for his or her duties, including continued training and education necessary to keep pace with developing technology.

         Field supervision by the primary inspector or inspection supervisor as required by Appendix A of this section includes responsibility for determining competence of special inspectors for the work they are authorized to inspect and on-site monitoring of the special inspection activities at the job site to ensure that a qualified special inspector is performing his or her duties when work requiring inspection is in progress.

         With respect to a primary director or technical director of a special inspection agency, oversight and responsible control by such primary director or technical director who ensures that qualified inspectors are dispatched for special inspections, that such special inspectors properly document their activities, and that reports and logs are prepared in accordance with § 28-114.2 of the Administrative Code. Such supervision includes ensuring training and/or education necessary to qualify the special inspector for his or her duties, including continued training and education necessary to keep pace with developing technology.

      (25)   Technical Director. An individual possessing one or more of the following licenses: Master Electrician, Master Fire Suppression Piping Contractor, Oil Burning Equipment Installer, Master Plumber, or Registered Design Professional and designated as "Technical Director" in the Department's Special Inspection Agency registration.

      (26)   Technician. A person employed by the special inspection agency assigned to perform the inspection or testing of construction activities or materials used in construction or both. See ASTM E 329-21.

      (27)   Work. The construction activity including techniques, tests, materials and equipment that is subject to special inspection.

   (b)   Duties.

      (1)   Availability and Compliance. A special inspector or special inspection agency has the responsibilities set forth in Chapter 17 of the New York City Building Code and elsewhere in the codes where special inspections are required. The responsibilities of the special inspector or special inspection agency at a special inspection include those tasks and standards set forth in Chapter 17 of the code, the reference standards and elsewhere in the code, this section or any rule of any agency in connection with the work that is the subject of such special inspection.

      (2)   Obligation to Avoid Conflict of Interest. A special inspector and/or a special inspection agency must not engage in any activities that may conflict with their objective judgment and integrity, including but not limited to having a financial and/or other interest in the construction, installation, manufacture or maintenance of structures or components that they inspect. It is not, in and of itself, a conflict of interest for a registered design professional of record to perform a special inspection(s) on the project he or she designed.

      (3)   Approved Construction Documents. The special inspector or special inspection agency must comply with all applicable provisions in section 1704.1.1.2 of the Building Code that relate to approved construction documents.

      (4)   Documentation. A special inspection agency must maintain records of special inspections on a job-by-job basis for at least six (6) years or for such period as the commissioner determines, and must make such records available to the department upon request. Such records must include field logs, test results, laboratory reports, notes, noted deficiencies and dates of cures of such deficiencies, photographs and such other information as may be appropriate to establish the sufficiency of the special inspection as per Chapter 17 of the Building Code or elsewhere in the New York City Construction Codes or their referenced standards.

         (i)   The primary inspector or inspection supervisor as provided for in Appendix A of this section must review special inspection progress reports and final reports for conformance with the approved plans, specifications and workmanship provisions of Chapter 17 of the New York City Building Code or elsewhere in the construction codes or their referenced standards. Such primary inspector or inspection supervisor must sign and seal any required statements, applications or reports.

         (ii)   The primary director or technical director of the special inspection agency must file notice of satisfactory completion of any special inspection with the department within ten (10) days of such completion on the forms and in the manner required by the department.

      (5)   Obligation to Cooperate with Inquiries. All special inspectors or special inspection agencies must cooperate with any investigation, including any audit investigation, by the department, or other city or law enforcement agency, into the activities at any job site or fabricating / manufacturing facility for which they have been designated a special inspector or special inspection agency and must provide prompt, accurate and complete responses to reasonable inquiries by the department and other appropriate agencies about the conduct of such business.

      (6)   Limitation of Duties. Activities as a special inspection agency are specifically limited to those special inspections for which the special inspection agency has been registered and for which it has satisfied the requirements set forth in this section and Chapter 17 of the New York City Building Code. No special inspector or special inspection agency may conduct any special inspection that such inspector or inspection agency is not qualified or registered to perform in accordance with the requirements of this section and Chapter 17 of the New York City Building Code. No special inspector or special inspection agency may perform an inspection or test with an expired or lapsed New York State license or department registration.

      (7)   Obligation to Comply with an Order of the Commissioner. All special inspectors and/or special inspection agencies must comply with an order of the commissioner.

      (8)   Equipment and Tools. The special inspection agency must possess and maintain tools and equipment required to perform the specific special inspection. Such tools and equipment must be maintained and calibrated periodically in accordance with applicable nationally accepted standards governing that equipment or tool.

      (9)   Reporting. The special inspection agency must report any discrepancies noted during the inspection to the contractor and when applicable to the superintendent of construction, as well as to the site safety coordinator or site safety manager, for correction. If the discrepancies are not corrected, the discrepancies must be brought to the attention of the owner and the registered design professional of record prior to the completion of that phase of the work. The special inspector/special inspection agency must report conditions noted as hazardous to life, safety or health that are not immediately corrected to the department.

      (10)   Service of process. All special inspection agencies must have an agent for the acceptance of service or maintain a New York City address. A Post Office box is not acceptable for such purposes. All agencies must comply with the requirements of this paragraph upon registration.

   (c)   Registration of Special Inspection Agencies.

      (1)   General. All agencies performing special inspections must be registered with the department as a special inspection agency. Applicants, both at the time of their approval and at the time of all subsequent renewals, are subject to the provisions of Article 401 of Chapter 4 of Title 28 of the Administrative Code.

      (2)   Form and Manner of Registration. An application for registration must be submitted in a form and manner determined by the commissioner, including electronically, and must provide such information as the commissioner may require. Such registration will be deemed an acknowledgement by the special inspection agency of its obligations hereunder.

      (3)   Registration of Special Inspection Categories. Agencies must register for each special inspection category that the agency intends to perform.

      (4)   Registration of Special Inspection Classes. Agencies must register as class 1, class 2, or class 3 special inspection agencies for each special inspection category for which the agency registers.

         (i)   Class 1. An agency registered as a Class 1 special inspection agency for a special inspection category is permitted to perform the work associated with such special inspection category on any project.

         (ii)   Class 2. An agency registered as a Class 2 special inspection agency for a special inspection category is permitted to perform the work associated with such special inspection category on any project, except those involving:

            (A)   The construction of a new major building;

            (B)   The full demolition of a major building;

            (C)   The alteration of a major building including:

               1.   The removal of an entire story or more;

               2.   The partial demolition of twenty thousand (20,000) square feet or more of gross floor area; or

               3.   The partial demolition of twenty (20) percent or more of the gross floor area.

            (D)   The enlargement of a major building by more than ten thousand (10,000) square feet of gross floor area.

         (iii)   Class 3. An agency registered as a Class 3 special inspection agency for a special inspection category is permitted to perform the work associated with this category on the following projects only:

            (A)   The construction, demolition, or alteration of a one-, two-, or three-family dwelling; or

            (B)   The alteration of any building, including partial demolition, of less than ten thousand (10,000) square feet of gross floor area in total. Exception: The special inspection categories of underpinning, mechanical means and methods of demolition, and the protection of the sides of excavations greater than ten (10) feet in depth must be performed only by special inspection agencies registered as either class 1 or class 2 special inspection agencies for such categories.

         Exception: The special inspection categories of underpinning, mechanical means and methods of demolition, and the protection of the sides of excavations greater than ten (10) feet in depth must be performed only by special inspection agencies registered as either class 1 or class 2 special inspection agencies for such categories.

      (5)   Agency Accreditation. For class 1 special inspection agencies only, accreditation is required in order to maintain their class 1 registration status. These agencies must demonstrate accreditation for their intended scope of work by an approved accrediting body accrediting to the standards set forth in this section and ISO 17020-12. Accrediting bodies other than federal agencies must operate in accordance with ISO 17011-04 and must be members of an internationally recognized cooperation of laboratory and inspection accreditation bodies subject to a mutual recognition agreement.

      (6)   Qualifications. All special inspection agency primary directors and technical directors must ensure that the special inspectors employed by the agency meet the qualification requirements set forth in Appendix A of this section and perform special inspections only within the area of expertise for which such special inspectors are qualified. A Professional Engineer who is listed in Appendix A of this section as requiring qualification in civil, structural, mechanical, electrical, fire protection, geotechnical or such other designation must have had the education, training and experience that has led to an accumulation of knowledge and skill required for the New York State-licensed Professional Engineer to hold himself/herself out as a professional practicing in that field.

      (7)   Insurance. All special inspection agencies must have a professional liability/errors and omissions insurance policy in the minimum amount of five hundred thousand dollars ($500,000.00), claim-based, for the term of the registration, as well as insurance required by the provisions of the New York State Workers' Compensation and disability benefits laws.

         Exception: An agency that is limited to performing:

            (i)   fuel-oil storage and fuel-oil piping inspections,

            (ii)   sprinkler system inspections,

            (iii)   standpipe system inspections,

            (iv)   emergency and standby power system inspections,

            (v)   private on-site storm water disposal and detention system installation, or

            (vi)   individual on-site private sewage disposal system installation special inspections, and whose primary director or technical director is not a registered design professional,

         is exempt from obtaining professional liability insurance coverage. This exception applies so long as the primary director or technical director maintains the insurance requirements required for his/her respective license in accordance with Chapter 4 of Title 28 of the Administrative Code.

      (8)   Agency Structure. A special inspection agency must have one full-time primary director and up to four (4) full-time technical directors who are registered design professionals in charge and all special inspections must be performed under their direct supervision. Neither the primary director nor the technical directors may be retained by any other agency that provides special inspection or testing services, nor may they be an owner of another special inspection or testing agency or be involved in the supervision of such an agency. The primary director and technical directors must possess relevant experience in the inspection and testing industry and hold management positions in the agency. The agency structure must comply with all relevant New York State and Federal laws. Notwithstanding anything to the contrary set forth in this paragraph, an agency that is limited to performing:

         (i)   fuel-oil storage and fuel-oil piping inspections,

         (ii)   sprinkler system inspections,

         (iii)   standpipe system inspections,

         (iv)   emergency and standby power system inspections,

         (v)   private on-site storm water disposal and detention system installation, or

         (vi)   individual on-site private sewage disposal system installation special inspections

      may have a primary director and technical directors who satisfy the requirements of primary inspector or inspection supervisor for such tests and inspections as set forth in Appendix A of this rule.

      (9)   Audits. The operations of special inspectors and special inspection agencies are subject to audit by the department at any time. Audits may involve the examination of applications for registration as well as the performance and documentation of special inspections. Audits may also be conducted upon receipt of complaints or evidence of falsification, negligence or incompetence.

      (10)   Registration and Renewal Term. The term of an initial registration is three (3) years, beginning on the primary director's birthday following the date of registration, and may be renewed for additional three (3) year periods after such initial registration in accordance with the provisions of Article 401 of Chapter 4 of Title 28 of the Administrative Code. If, after a period of one year from the date of the expiration of its registration, the special inspection agency has failed to apply for late renewal of its registration, the special inspection agency must register anew, subject to the provisions of this section.

      (11)   Denial or Renewals. Requests for renewal will be denied where there has been a finding by the commissioner:

         (i)   that any special inspection or test conducted by the special inspector or special inspection agency has not been performed in accordance with the requirements set forth in the code, applicable reference standards or the rules of the department,

         (ii)   that there was fraud or misrepresentation on any document or report submitted to the department by the special inspector or special inspection agency,

         (iii)   that any special inspection has been performed by an inspector who does not possess the proper qualifications, or

         (iv)   that the owner, primary director or technical director has not demonstrated good moral character.

      (12)   Registration and Renewal Fees. Fees are set forth in 1 RCNY § 101-03.

   (d)   Disciplinary Actions.

      (1)   Suspension or Revocation of Registration. The commissioner may, in accordance with the provisions of Article 401 of Chapter 4 of Title 28 of the Administrative Code and the rules of the department, suspend or revoke a special inspection agency registration, with or without the imposition of penalties, for violation of any provision of the New York City Construction Codes or the rules of the department, or any other applicable laws or rules.

      (2)   The commissioner may refuse to accept any application or other document submitted, pursuant to or in satisfaction of any requirement of this section or of Chapter 17 of the New York City Building Code or any rule or regulation of any agency that bears the signature of any primary director or technical director who has been found, after an opportunity to be heard, to have knowingly or negligently made a false statement or to have knowingly or negligently falsified or allowed to be falsified any certificate, form, signed statement, application, report or certification of the correction of a violation required under the provisions of this section, the code or any rule or regulation of any agency.

      (3)   Stop Work and Suspension of Permits. Upon any suspension or revocation of registration, pursuant to paragraph (1) of subdivision (d) of this section, unless replaced by another registered special inspection agency within five (5) business days of such suspension or revocation, all jobs on which the special inspection agency whose registration was suspended or revoked is designated, shall be stopped and the permits shall be suspended until such time as a duly registered special inspection agency is designated to reinspect such tests or such inspections performed by the disciplined special inspection agency, or until such permits expire.

   (e)   Obligations of Others. Nothing in this section is intended to alter or diminish any obligation otherwise imposed by law, including but not limited to the obligation of an owner, construction manager, general contractor, contractor, materialman, architect, engineer, site safety manager, land surveyor, superintendent of construction 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 construction site.

 

(Amended City Record 2/1/2016, eff. 3/2/2016; amended City Record 2/5/2018, eff. 3/7/2018; amended City Record 9/23/2019, eff. 10/23/2019; amended City Record 6/13/2023, eff. 7/13/2023)