ABOUT THE NYC BUILDING CODE
The New York City Building Code is a vital component of the broader NYC Construction Codes, serving as a comprehensive set of regulations governing building construction, alteration, maintenance, and occupancy within the city’s five boroughs. Administered by the New York City Department of Buildings (DOB), the Building Code plays a pivotal role in ensuring the safety, integrity, and functionality of buildings and structures across the urban landscape.
Overall, the NYC Building Code serves as a cornerstone of construction regulation in New York City, guiding architects, engineers, contractors, and building owners in the design, construction, and operation of buildings that contribute to the city’s vibrant and resilient built environment. Compliance with the Building Code is essential for safeguarding public safety, promoting building integrity, and fostering sustainable development practices within one of the world’s most dynamic urban centers.
Seeking Professional Guidance​
Given the intricacies of New York City’s Department of Buildings regulations, homeowners and business owners are encouraged to seek professional guidance from consultants, architects, engineers, and legal experts familiar with local construction codes. These professionals can help navigate the regulatory landscape, ensure compliance, and streamline the permitting process.
PENALTY SCHEDULE TABLE (Use Ctrl-F to find a specific term)
Building Code Penalty Schedule Table (Part 3 of 5)
| Section of Law | Classification | Violation Description | Cure | Stipulation | Standard Penalty | Mitigated Penalty | Default Penalty | Aggravated I Penalty | Aggravated I Default Penalty | Aggravated II Penalty | Aggravated II Default Penalty - Max Penalty |
|---|---|---|---|---|---|---|---|---|---|---|---|
|
BC 3301.11.3 |
Class 1 |
Permit Holder failed to
designate a qualified person to
conduct site safety orientation
or refresher, or to ensure that
such qualified person
conducted the site safety
orientation or refresher. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.11.4 |
Class 1 |
Failure to communicate
required information during site
safety orientation or refresher. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.11.5 |
Class 1 |
Failure to maintain a record of
orientations performed at
worksite. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.12 |
Class 1 |
Permit Holder failed to ensure
workers attend pre-shift safety
meeting prior to
commencement of work. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.12.1 |
Class 1 |
Permit Holder failed to
designate a competent person
to conduct pre-shift safety
meeting, or to ensure that such
competent person conducted
the pre-shift meeting. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.12.2 |
Class 1 |
Failure to communicate
required information to workers
during pre-shift safety meeting. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.12.3 |
Class 1 |
Failure to maintain record of
pre-shift safety meeting for
each worker. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.13.3 |
Class 1 |
Failure to designate and/or
have a Construction
Superintendent present at site
as required. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.13.7
through BC
3301.13.13 |
Class 1 |
Construction Superintendent
failed to perform duties per
code. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3301.13.7
through BC
3301.13.13 |
Class 2 |
Construction Superintendent
failed to perform duties per
code. |
No |
No |
$5,000 |
No |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3301.13.10 |
Class 1 |
Construction superintendent
failed to immediately notify the
department of conditions as
required. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3303.4 & 271018 |
Class 1 |
Failure to maintain adequate
housekeeping per section
requirements. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3303.4 & 271018 |
Class 2 |
Failure to maintain adequate
housekeeping per section
requirements. |
Yes |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3303.4.5 &
27-1018 |
Class 1 |
Unsafe storage of materials
during construction or
demolition. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3303.4.6 &
27-1018 |
Class 1 |
Unsafe storage of combustible
material and equipment. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3303.7.2 |
Class 1 |
Failure to provide fire
extinguishers per Fire Code. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3303.7.2 |
Class 2 |
Failure to provide fire
extinguishers per Fire Code. |
No |
No |
$625 |
No |
$3,125 |
$1,563 |
$6,250 |
$3,125 |
$10,000 |
|
BC 3303.7.3 |
Class 1 |
Smoking at
construction/demolition site. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3303.7.3 |
Class 2 |
Smoking at
construction/demolition site. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3303.7.3 |
Class 2 |
Failure to post No Smoking
signs at
construction/demolition sites
per Fire Code. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3303.8 |
Class 1 |
Failure to provide standpipe or
air pressurized alarm system
for standpipe system during
construction or demolition
operation. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3303.8.1 |
Class 1 |
Failure to conduct proper
planned removal from service
of standpipe system and/or
standpipe air pressurized
alarm. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3303.10 |
Class 1 |
Failure to provide protection
for tenants during demolition or
construction activity in an
occupied building. |
No |
No |
$10,000 |
No |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3303.10 |
Class 2 |
Failure to provide protection
for tenants during demolition or
construction activity in an
occupied building. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
|
BC 3303.10 |
Class 3 |
Failure to provide protection
for tenants during demolition or
construction activity in an
occupied building. |
No |
No |
$500 |
No |
$500 |
$500 |
$500 |
$500 |
$500 |
|
BC 3303.10.2 |
Class 2 |
Failure to notify the
department prior to
commencement of work that
requires tenant protection plan. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3303.14 |
Class 1 |
Failure to maintain adequate
housekeeping per section
requirements. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3303.14 |
Class 2 |
Failure to maintain adequate
housekeeping per section
requirements. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3303.15 |
Class 2 |
Failure to perform proper
concrete washout water
procedures. |
No |
No |
$2,500 |
No |
$10,000 |
$6,250 |
$10,000 |
$10,000 |
$10,000 |
|
BC 3304.3 & 1
RCNY 52-01(a) |
Class 1 |
Failure to notify the
Department prior to the
commencement of earthwork. |
No |
No |
$2,500 |
No |
$12,500 |
$6,250 |
$25,000 |
$12,500 |
$25,000 |
|
BC 3304.3 & 1
RCNY 52-01(b) |
Class 2 |
Failure to notify the
Department prior to the
cancellation of earthwork. |
No |
No |
$1,250 |
No |
$6,250 |
$3,125 |
$10,000 |
$6,250 |
$10,000 |
|
BC 3304.4 & 271032 |
Class 1 |
Failure to provide protection at
sides of excavation. |
No |
No |
$5,000 |
No |
$25,000 |
$12,500 |
$25,000 |
$25,000 |
$25,000 |
