Article 217 - SAFETY Compliance Officer

Section 28-217.1

Section 28-217.1

  * §  28-217.1  Definition.  For  purposes  of  this article, the terms
"Safety Compliance Officer" and "SCO" shall mean a person whose presence
is required by the commissioner pursuant to  section  28-217.2  and  who
satisfies the qualifications of section 28-217.4.
  * NB There are 2 § 28-217.1's

Section 28-217.2

Section 28-217.2

  * §  28-217.2  Safety  Compliance  Officer.  In  addition to any other
remedies or penalties authorized by law, the commissioner in his or  her
discretion  may require the presence of a SCO at any permitted site that
has received immediately  hazardous  violations  that  the  commissioner
determines  adversely affect public safety and require the presence of a
SCO to protect public  safety.  In  any  circumstance  where  a  SCO  is
required,  the  commissioner  shall  state  in writing the circumstances
necessitating the SCO, and the duration  of  the  compliance  monitoring
and/or conditions that must be satisfied prior to the termination of the
compliance monitoring.
  * NB There are 2 § 28-217.2's

Section 28-217.3

Section 28-217.3

  * §   28-217.3  Compliance  monitoring.  The  SCO  shall  monitor  the
operations  related  to  the  circumstances  and  conditions  that   the
commissioner has identified pursuant to section 28-217.2 until the areas
of  concern  set  forth  by  the  commissioner  have  been  addressed as
determined by the commissioner, but in  no  case  shall  any  monitoring
period  exceed  ninety  days.  For  such purpose, the SCO and his or her
employees shall be  designated  as  authorized  representatives  of  the
commissioner  with  authority pursuant to section 28-103.13 of this code
to enter upon and examine and inspect at all reasonable times any  site,
building  or  structure. In the event that the conditions set-out in the
commissioner's determination, pursuant to section 28-217.2, to require a
SCO have not been satisfied within the prescribed monitoring period, the
commissioner may appoint another SCO, who shall be a different SCO  than
the  initial  SCO, to monitor operations for an additional period not to
exceed ninety days.
  * NB There are 2 § 28-217.3's

Section 28-217.4

Section 28-217.4

  §  28-217.4  Qualifications.  Safety  Compliance  Officers  shall have
experience in supervising the construction operations  being  monitored.
They  shall  be  an architect or engineer who has experience supervising
construction projects in New York City, a licensed site  safety  manager
or  coordinator  or  other  licensee  of  the  department,  or a special
inspector  as  provided  for  in  article  115  of  this  title.  Safety
Compliance Officers shall carry insurance as required by the department.

Section 28-217.5

Section 28-217.5

  §  28-217.5 Cost of a Safety Compliance Officer. The owner of the site
where the services of the SCO have been  required  shall  reimburse  the
department  for all direct costs and any related administrative expenses
incurred by the department in the operation of the SCO program  provided
for  in  this  article. Reimbursement shall be made at such times as the
department shall require, but  in  any  event,  before  a  temporary  or
permanent  certificate  of  occupancy  is  issued  for  the  building or
structure that is being monitored. No permit shall be issued for the job
site at which a SCO has been assigned if reimbursements for the cost  of
the  monitor  are  outstanding for more than thirty days. The department
shall adopt rules establishing a process for the resolution of  disputes
concerning the costs of the SCO.

Section 28-217.6

Section 28-217.6

  §  28-217.6 The SCO shall document with photographs or other means any
violation of the code. The SCO shall submit an  interim  report,  to  be
submitted  at the midpoint of the appointment period, and a final report
to the department in the manner and form prescribed by the commissioner.
The department will share the results of these reports with the  general
contractor and provide the general contractor an opportunity to comment.

Section 28-217.7

Section 28-217.7

  §  28-217.7  Records. The SCO shall keep and maintain records relating
to the services performed on behalf of the department in such manner and
for such period of time as shall be established by the  commissioner  by
rule or by direction of the commissioner.