DOB’s Phase 1 Reopening Guidance

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Issuance Date: 06/05/2020

UPDATED: 06/07/2020

Effective: Upon the City of New York Entering Phase 1 Reopening

To: Owners and Contractors

Purpose: Guidance to owners and contractors on enforcement of New York State (NYS)

Department of Health Interim Guidance For Construction Activities During the

COVID-19 Public Health Emergency issued on May 13, 2020; NYC Mayoral

Executive Order No. 120 issued on June 3, 2020 and Executive Order No. 123

issued on June 7, 2020; pursuant to NYS Governor’s Executive Order 202.34

and subsequent orders.

Related • AC 28-103.8 • AC 28-201.1

Code/Zoning • New York State Gubernatorial Emergency Order 202.34 and subsequent

Section(s) orders and related New York State Department of Health Guidelines

and Operating • New York City Mayoral Emergency Orders

Information: • NYC Health Department “Reopening New York City: Frequently Asked

Questions What the Constructions Businesses Need to Know”

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In accordance with NYS Governor’s Executive Order 202.34 and subsequent orders, construction

projects subject to permits issued by the NYC Department of Buildings, or otherwise regulated by the

NYC Construction Codes and the NYC Electrical Code are permitted to proceed provided they comply

with the Interim Guidance For Construction Activities During The COVID-19 Public Health

Emergency published by New York State (NYS Interim Guidance).

The standards contained within the NYS Interim Guidance apply to all construction activities in operation

during the COVID-19 public health emergency until rescinded or amended by the State. Employers are

required to develop a plan for each construction site and submit an affirmation to the State as required

in the NYS Interim Guidelines. The NYS Interim Guidelines are minimum requirements only; employers

can require additional precautions.

In accordance with Section IV of the NYS Interim Guidance, completed safety plans must be

conspicuously posted on the construction site. The State has made available a business reopening

safety plan template to guide business owners and operators in developing plans to protect against

the spread of COVID-19.

In accordance with the Mayor’s Emergency Executive Order No. 120 and Executive Order No. 123,

the Department of Buildings will periodically be checking construction sites for compliance with

employer safety plans required by the NYS Interim Guidance, including, but not limited to, the following

requirements:

RESCINDED BY

BUILDINGS BULLETIN 2021-009

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• Ensure 6 feet of distance between personnel, unless safety or core function of the work activity

requires a shorter distance.

• All personnel and visitors to construction sites must wear face coverings appropriate for their task,

unless medically unable to do so.

• Tightly confined spaces (e.g., elevators, hoists) occupied by 50% maximum allowed number of

people.

- 50% capacity must be posted within the cab AND at each landing

• A site safety monitor must be designated whose responsibilities include continuous compliance with

all aspects of the site safety plan.

• Appropriate signage is posted throughout the site to remind personnel to adhere to proper hand

hygiene, physical distancing rules, appropriate use of personal protective equipment, and cleaning

and disinfecting protocols.

• Safety plan(s) are conspicuously posted on site and include a copy of the submitted State

affirmation.

• A communication plan for employees, visitors, and clients is available at the site.

• A continuous log of every person who may have had close contact with other individuals at the work

site or area is kept at the site.

• There are hand hygiene stations available on site and readily accessible to workers.

• A cleaning and disinfection log is present at the site with minimum daily entries.

For additional information we also recommend that Owners and Contractors review The NYC Health

Department FAQ “Reopening New York City: Frequently Asked Questions What the Constructions

Businesses Need to Know.” In addition to general business compliance it also provides information on

best practices that can be implemented by employers at their construction sites.

During the first 30 days of construction resuming, the Department will focus on education to help the

industry learn how to implement the new standards and procedures. Initial DOB violations issued during

these first 30 days carry no financial penalty. Following this period, violations will result in financial

penalties and further noncompliance may result in Stop Work Orders and summonses with

accompanying civil penalties of up to $5,000 for each offense.

Any violation of these requirements, or other New York State or New York City mandates, is subject to

enforcement including issuance of violations and associated penalties.

References

• NYS Governor’s Executive Order 202.34

• Mayor’s Emergency Executive Order No. 120

• Mayor’s Emergency Executive Order No. 123

• Interim Guidance for Construction Activities During The Covid-19 Public Health

Emergency

• NYC Health Department “Reopening New York City: Frequently Asked Questions

What the Constructions Businesses Need to Know.” published by NYC DOH

(UPDATED: June 4, 2020)

RESCINDED BY

BUILDINGS BULLETIN 2021-009