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
* § 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
* § 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
§ 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
§ 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
§ 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
§ 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.